The interview was going well. You were nailing the technical questions, building rapport, and making them laugh. Then the hiring manager leaned back and smiled.
“So, are you planning to have kids anytime soon?”
Your stomach dropped. You stumbled through some vague answer about focusing on your career. The room felt smaller. You left wondering if you’d just been screened out for being a woman of childbearing age.
You were.
And that question was illegal.
Maybe they didn’t ask about pregnancy. Maybe it was “How old are you?” or “Are you married?” or “What does your husband do?” or “Do you have childcare arrangements?”
All of these questions are illegal in New York City.
Each of those questions violates the New York City Human Rights Law. And you have a claim, even if you never got the job.
Why Employers Ask Illegal Questions
They’re not making small talk. They’re screening you out.
When an interviewer asks if you’re pregnant, they’re deciding whether hiring you is “worth the risk” of maternity leave. When they ask your age, they’re deciding if you’re “too old” to fit their culture or “too expensive” because of your experience. When they ask about your marriage or kids, they’re guessing whether you’ll be “committed” or “distracted.”
These questions exist to discriminate. That’s why they’re illegal.
New York City Has the Strongest Protections in the Country
The New York City Human Rights Law prohibits discrimination in hiring based on more than 25 protected categories, including age, pregnancy, gender, marital status, familial status, caregiver status, disability, religion, national origin, sexual orientation, and gender identity.
NYCHRL applies to employers with four or more employees, a much lower threshold than federal law, which typically requires 15 to 20 employees.
And unlike federal law, the NYCHRL is interpreted broadly and liberally in favor of employees. You don’t need to prove the question was the sole reason you weren’t hired, just that it played a role.
Common Illegal Interview Questions
Pregnancy and Family Planning
“Are you pregnant?”
“Do you plan to have children?”
“How many kids do you have?”
“What are your childcare arrangements?”
Age
“How old are you?”
“When did you graduate high school?” (used to calculate age)
“When were you born?”
“When do you plan to retire?”
Marital and Family Status
“Are you married?”
“Is this your maiden name?”
“What does your spouse do?”
“Do you live with your parents?”
Disability and Health
“Do you have any disabilities?”
“How is your health?”
“What medications do you take?”
“Have you ever filed a workers’ comp claim?”
Religion
“What church do you attend?”
“What holidays do you observe?”
“Are you comfortable working Sundays?”
National Origin and Citizenship
“Where were you born?”
“Is English your first language?”
“Where are your parents from?”
“What’s your native language?”
What Employers Can Legally Ask
Not all personal questions are illegal. The key is whether the question is job-related and necessary for assessing your ability to do the work.
Legal: “Are you over 18?” (for age-restricted work)
Illegal: “How old are you?”
Legal: “Can you work the required schedule?”
Illegal: “Do you have childcare?”
Legal: “Can you perform this job with or without reasonable accommodation?”
Illegal: “Do you have any disabilities?”
Legal: “Are you legally authorized to work in the United States?”
Illegal: “Where were you born?”
What to Do If You’re Asked an Illegal Question
During the interview:
You’re not required to answer. You can deflect (“I’m focused on the role and what I can contribute”) or redirect to job-related topics. But realistically, refusing to answer may hurt your chances, which is exactly why these questions are illegal.
If you do answer, note the question, who asked it, and when. This documentation becomes critical if you’re not hired.
After the interview:
Write everything down while it’s fresh. Include the date, the interviewer’s names, the exact questions asked, and your responses. If you have emails confirming the interview or follow-ups, save them.
If you’re not hired and believe the illegal question played a role, you may have a discrimination claim.
Talk to an employment lawyer before the trail goes cold.
Your Rights Under the NYCHRL
You don’t need to have been hired to bring a discrimination claim. If you can show that an illegal question factored into the employer’s decision not to hire you, you have a claim for hiring discrimination.
Under the NYCHRL, you may be entitled to:
Compensatory damages (including emotional distress)—uncapped
Back pay (what you would have earned if hired)
Front pay (future lost wages)
Punitive damages (if the conduct was willful)—uncapped
Attorneys’ fees and costs
An order requiring the employer to hire you
You have three years from the date of the interview to file a lawsuit in court.
These Questions Aren’t Accidents
When an interviewer asks if you’re pregnant, married, or planning kids, it’s not a friendly conversation. It’s a screening tool designed to weed out people they think will be expensive, unavailable, or uncommitted.
These assumptions are discriminatory. They reflect biases about women, caregivers, older workers, people with disabilities, and anyone who doesn’t fit a narrow mold of the “ideal” employee.
New York City law makes these questions illegal because they perpetuate discrimination. And the law gives you a remedy, even if you never got the job.
If you were asked illegal questions in an interview and weren’t hired, you don’t have to just accept it. You have legal options.
Talk to an employment lawyer. Document what happened. And know that the law is on your side.
Risman & Risman, P.C., represents employees in discrimination, harassment, and retaliation cases throughout New York City. If you believe you were screened out of a job based on illegal interview questions, call us at 212-233-6400 or contact us online.