I think we had a thread a while back where I found one or two questions (not actions based on the answers) that were actually illegal under some state’s law. Nevertheless, those are pretty rare exceptions, even if I am remembering accurately.
ETA: I think this is the one: http://boards.straightdope.com/sdmb/showthread.php?p=4807190&postcount=45
What’s interesting is when the INTERVIEWEE brings up the issue. I interviewed one and had already decided that he wasn’t a good fit for the position. At the end(“Do you have any questions?”), he asked how the rest of the staff feels about homosexuals. I know sexual orientation is not a protected class, but it seemed like a setup for a lawsuit. I handled it as diplomatically as I could and immediately documented my reasons for not recommending the candidate and gave a copy to my supervisor (who makes the final decision) purposefully leaving out the last question since it really had nothing to do with my decision anyways.
While it is true that the asking is, in and of itself, rarely a violation of state or federal law, if the person is not hired, it becomes a decidedly difficult task to avoid a presumption in the mind of the jury that the question was not asked without purpose. And, indeed, why would an employer ask a question if the answer was of no value in making a hiring determination?
Thus, the better practice is to not ask such questions at all.
I agree very much that it is good practice to avoid such questions. However, I have had friends and neighbors go to a job interview and ask me if they can sue because the interviewer asked if he/she was married.
The interviewer should avoid such questions as a matter of good practice, but for my friend or neighbor to have standing to sue, then he/she would have to show that he/she was not hired BECAUSE of the familial status, and unless you are a mind reader, or the company is stupid enough to have an internal memo which reads “We only hire single people!” then you have no case.
But my point is that asking the question is not illegal. I’m not familiar with Michigan law, so states may have stricter laws than the feds…
I am not sure any of these questions are literally illegal, although that is how employers (including at least two of mine) describe them when training interviewing managers. It’s not the asking that is illegal, it is using the answer to make a hiring decision. Fine distinction. But if you don’t ask the question, it is much less likely you will be sued for discrimination.
The ADA makes interview questions about disability illegal. That one is a federal law. The legally-approved question is “Can you do the job with or without reasonable accommodation?” But in general the race/sex/religion etc. questions are not illegal per se, just legally ill-advised, as noted. As also noted, state laws may place additional restrictions.