Additionally, according to the Older Workers Benefit Protection Act, employers are forbidden from discussing or asking any questions pertaining to a person's age. Thus, if you are an older (i.e., over 40) job applicant and are told that you "lack formal education credits," "are overqualified," "are overspecialized," or that the company is "looking to hire someone with a more recent college degree," speak to a labor lawyer if you are denied a job. Recent cases demonstrate it may be illegal for a company to refuse to hire an older female applicant by arguing that being overqualified for a position means that the applicant is unqualified for the position. (Note: Simply showing that a younger individual was hired over a qualified older applicant does not prove age discrimination if the employer can demonstrate the decision was based on an honest evaluation of the candidate's qualifications, e.g., the prospective employee would be bored or likely to leave upon finding a better job, or both.)

The chart beginning on page 7 illustrates interview questions that are legal, as well as those found illegal under EEOC guidelines and state regulations. Note that the same questions may be either legal or illegal depending on the employer's intent in asking. For instance, asking a woman her maiden name is legal if the employer needs the information to verify past employment records, but not if the intent is to check family background. Thus, the chart should be viewed only as a guide since some questions that are indicated as being illegal may be asked in certain situations (for example, where the applicant is applying for a security-sensitive job).

The potential illegality of such questions must always be examined in the context in which they are asked. (Note: And once you are hired, an employer may have a legitimate business reason for asking your marital status, since it may be relevant for family health insurance coverage and tax deduction purposes.) However, the chart is instructive because female applicants often do not understand the illegality of commonly asked questions.