New immigrants have a lot of challenges when they first arrive to the U.S., but getting a job is almost everyone’s first goal and everyone knows how important it is in America to get a job. If you are a new immigrant looking for a job, many things will surprise you, but did you know that there are strict federal and state laws about what the employer is even allowed to ask you on your job application, in your job interview, and beyond?
Aside from adjusting to a new culture and possibly learning a new language, you also have to be aware of your legal rights as an employee. Many immigrants seeking work in the United States may not be familiar with U.S. employment laws, making them vulnerable to illegal or discriminatory interview questions.
As an immigration attorney, I want to ensure that all immigrants—whether you’re applying for your first job in the U.S. or have been working here for years—are fully informed of your rights when it comes to employment interviews. Here are the top 10 illegal questions employers cannot ask during a job interview in 2024, and why understanding them is essential for protecting yourself.
1. How Old Are You?
Employers are not allowed to ask about your age or date of birth unless it is to confirm you are legally old enough to work in the U.S. For immigrant workers, this is particularly important because age discrimination can often be used as a subtle way to exclude candidates. Whether you are young or older, your age should not factor into an employer’s decision-making process.
However, they can ask you for your ID copy and US employment authorization once you are hired.
2. What’s Your Race or Ethnicity?
Under U.S. law, questions about your race or ethnicity are strictly prohibited. Unfortunately, many immigrants may feel pressured to answer this type of question, fearing it could impact their job prospects. Remember, your heritage or background has no bearing on your ability to perform a job, and employers cannot use it as a factor in their hiring decisions.
3. What’s Your Religion?
Religion can be a deeply personal matter, and in the U.S., employers cannot ask about your religious beliefs or practices. This includes questions about religious holidays or whether you need specific accommodations due to religious obligations. If you are asked about your religion, it’s important to know that you do not have to answer. All employees have the right to request reasonable accommodations for religious practices once hired, but this should never be part of the interview process.
4. Are You Married?
Your marital status should never be a topic of conversation in a job interview. Employers may try to ask questions about your family life as a way of gauging your availability or commitment to the job. However, whether you are married, single, divorced, or planning a wedding, it is irrelevant to your qualifications as a job candidate.
5. Do You Have Kids or Plan to Start a Family?
Family planning is another area that should remain private during the job search. It is illegal for employers to ask about your children or if you plan to have children in the future. For immigrant women in particular, this question can be used to discourage hiring based on assumptions about childcare or maternity leave. Your family situation is your business, not your employer’s. Even if you appear to be heavily pregnant, the new employer has no right to ask you if you are pregnant or are expecting.
6. Do You Have Any Disabilities or Medical Conditions?
While employers may ask if you can perform the essential functions of a job, they cannot inquire about your specific medical conditions or disabilities. Immigrant workers with disabilities may feel especially vulnerable to discrimination, but the Americans with Disabilities Act (ADA) protects you. You are not required to disclose any medical information unless you are requesting an accommodation after being hired.
7. What’s Your Citizenship Status?
In 2024, the only legal question employers can ask regarding your immigration status is whether you are authorized to work in the U.S. Asking about your citizenship status, visa type, or place of birth is illegal and discriminatory. Many immigrant job seekers may feel uncertain about how much information they need to provide, but rest assured: if you are authorized to work, that is all an employer needs to know.
8. Have You Ever Been Arrested or Convicted of a Crime?
In many states and cities, laws known as “ban the box” prohibit employers from asking about your criminal history during the initial stages of hiring. This is especially relevant for immigrants who may be more prone to facing challenges related to background checks or criminal records due to misunderstandings of the legal system. Employers must wait until later in the process (if at all) to ask about this, depending on local laws.
9. What Was Your Military Discharge Status?
If you served in the military, employers are not allowed to ask about the nature of your discharge. This question is illegal and can often be used to discriminate against veterans or those with non-honorable discharges. The skills you bring from your service are what matters, not the conditions of your discharge.
10. Are You LGBTQ+?
Your sexual orientation or gender identity is not relevant to your job qualifications and should never be a topic of discussion in an interview. Discrimination based on LGBTQ+ status is illegal in the U.S., and employers who ask these types of questions are violating federal law.
Protecting Your Rights as an Immigrant Job Seeker
Many immigrants come to the United States in search of a better life and career opportunities. However, the job search process can feel intimidating, especially when you’re not familiar with U.S. employment laws. It’s essential to understand that even though you are new to the country, you have the same rights as any other job applicant.
If you encounter illegal questions during an interview, you can politely decline to answer and shift the conversation back to your qualifications for the position. If you feel you’ve been discriminated against, you have options. As an immigration attorney, I’m here to help immigrant job seekers navigate these situations and protect their rights under U.S. law.
There is a special visa, T visa, for immigrants whose rights are violated in the workforce in America! You qualify for this visa if you worked for an employer who mistreated you, violated your rights, failed with their payments, and did not treat you properly.
Get Help from an Immigration Attorney
If you have questions about your rights as an immigrant worker or need assistance with a situation where you were abused in the course of your job somewhere, call Shepelsky Law Group today!!!
Shepelsky Law Group helps immigrants legalize in United States even in the most difficult situations.