Illegal Interview Questions in Connecticut: What Employers Cannot Ask

Federal law, enforced by the EEOC under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), the Age Discrimination in Employment Act (29 U.S.C. § 621), the Americans with Disabilities Act (42 U.S.C. § 12112), and Title I of the Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff), prohibits employers with 15 or more employees from asking interview questions that elicit information about protected classes: race, color, religion, sex, national origin, age (40+), disability, or genetic information.

Federal law also restricts inquiries about arrest and conviction records under the EEOC guidance, though the ban is not absolute if the question is tailored to job safety or security. The FCRA (15 U.S.C. § 1681) governs background checks. Employers covered must ask only job-related questions, apply the same questions uniformly to all candidates, and document their selection criteria. Violations result in EEOC charges, investigation, and potential awards of back pay, front pay, compensatory damages, punitive damages (up to $300,000 depending on employer size), and attorney fees.

Federal law also includes the ADA's specific prohibition: employers cannot ask disability-related questions or require medical exams before a conditional offer is made. Post-offer medical exams must be job-related and consistent with business necessity.

Connecticut law, codified in Connecticut General Statutes § 46a-60 and § 46a-68, provides stronger protections than federal law in several respects. Connecticut's protected class categories are broader and include sexual orientation, which is not explicitly protected under federal Title VII (though some courts have read it into Title VII through sex discrimination). Connecticut also explicitly protects against inquiries based on marital status, which federal law does not directly address.

Under Connecticut § 46a-60, it is unlawful for any employer (regardless of size—Connecticut has no 15-employee threshold like Title VII) to discriminate in hiring, including through interview questions, based on race, color, religious creed, sex, national origin, age (any age, not just 40+), sexual orientation, status as a veteran, or disability. This means even small employers with fewer than 15 employees must comply with Connecticut's interview restrictions. Connecticut also protects against questions about transgender status or gender identity as part of sex discrimination.

Connecticut § 46a-68 specifically prohibits employers from inquiring about arrest records, criminal conviction history, or pending criminal charges, subject to narrow exceptions. After a conditional job offer, employers may ask about convictions if the question is directly related to job performance and the employer considers factors like the nature of the crime, time elapsed, and rehabilitation. However, asking about arrests or sealed convictions is nearly always illegal. Connecticut § 31-128 further restricts such inquiries by requiring employers to delay criminal background questions until after a conditional offer is made.

Connecticut also protects against questions related to workers' compensation claims history. Asking "Have you filed a workers' compensation claim?" or similar questions is considered retaliation under Connecticut law and violates § 31-290 et seq. Additionally, Connecticut recognizes privacy rights that may limit inquiries into family status, childcare arrangements, marital plans, and pregnancy plans—areas where federal law provides less explicit guidance. State law requires that all inquiries be job-related and consistent with business necessity.

Connecticut law contains limited exceptions to interview question restrictions. The primary exception is the job-relatedness defense: if a question is demonstrably job-related and consistent with business necessity, an employer may ask it. For example, asking about driver's license and driving record for a delivery driver, or asking about math skills for an accountant, is lawful. However, the question must be applied uniformly to all candidates and the employer must have a documented, non-discriminatory reason.

For criminal history, Connecticut § 46a-68(f) permits inquiries about conviction records after a conditional job offer if the conviction is directly related to the job, and the employer conducts an individualized assessment considering: (1) the nature and gravity of the offense, (2) the time elapsed since conviction or completion of sentence, and (3) the nature of the job. However, inquiries about arrests (charges not resulting in conviction) remain unlawful even after a conditional offer. Sealed records, expunged records, and records of youthful offender proceedings cannot be inquired about at any stage.

BFOQ (Bona Fide Occupational Qualification) exceptions exist for religion, national origin, and in rare cases age or sex if the characteristic is essential to the role (e.g., age for acting roles depicting specific ages). However, BFOQ is narrowly construed and requires documented business necessity. Employers in federal security roles (e.g., defense contractors, nuclear facilities) may have additional security clearance questions permitted under federal law, but state law still applies.

Another edge case: inquiries about disability are prohibited pre-offer, but post-offer medical exams and disability disclosures for reasonable accommodation purposes are required by the ADA. The transition from pre-offer (no disability questions) to post-offer (medical evaluation permitted) is strict—even questions like "Do you have any medical conditions?" or "Do you take medications?" violate the ADA and Connecticut law before a conditional offer.

Employers defending against discrimination charges may argue that a question, though appearing discriminatory, was actually asked in a context unrelated to discrimination (e.g., general conversation) or that no adverse action flowed from the response. However, Connecticut courts scrutinize such defenses strictly. An applicant's failure to disclose a protected characteristic (e.g., age) does not waive the employer's obligation to refrain from asking.

Step 1 — Document the Discriminatory Question: Keep detailed records of every question asked during the interview, ideally contemporaneous notes taken immediately after or audio/video recording (if consent laws permit—Connecticut is a two-party consent state for recording). Write down the exact wording of any question that seemed discriminatory, the interviewer's name and title, date, time, location, and any follow-up comments. Document whether the same question was asked of other candidates, particularly those from different protected classes. Note the context: was it casual conversation or formal interview? Save all email communications, job postings, and interview scorecards. Also document your qualifications, salary history, and the job description to show whether the question was relevant.

Step 2 — Attempt Internal Complaint (Optional but Recommended): Many employers have an HR department or internal complaint procedure. If you feel comfortable doing so, contact HR or the hiring manager in writing (email is best for a time-stamped record) and say: "During my interview on [date], I was asked [quote the question]. This question appears to violate Connecticut employment law as it relates to [protected class, e.g., my age, disability status, marital status]. I would like an explanation for this question and confirmation that it will not affect my candidacy." Keep a copy. Internal complaints are not required but create a record and give the employer a chance to correct the problem. If you are not hired or face retaliation after the complaint, this strengthens your case.

Step 3 — File a Charge with the Connecticut Human Rights and Opportunities Commission (CHRO): You have 300 days from the date of the discriminatory interview to file. The CHRO is Connecticut's state fair employment agency and handles discrimination complaints. File online at ct.gov/CHRO or submit a paper form by mail to: Connecticut Commission on Human Rights and Opportunities, 21 Grand Street, Hartford, CT 06106. Telephone: (860) 541-3000. The charge should include: your name, address, phone, email; the employer's name, address, and phone; the date(s) of the discriminatory conduct (the interview date); a detailed description of what happened, including the exact question asked, who asked it, and why you believe it violated the law; the protected class affected (age, disability, etc.); whether you were hired or rejected, and if rejected, who was hired instead; and whether you have filed with the EEOC (if federal law also applies). There is no fee to file. Do not delay—the 300-day deadline is firm.

Step 4 — CHRO Investigation and Process: After filing, the CHRO will send you a confirmation letter with a case number. The CHRO then investigates, typically within 60–120 days. The agency will contact the employer for a written response and may request documents, including the job description, interview notes, other applicants' materials, and the names of other applicants interviewed. The CHRO may conduct witness interviews. You may be asked to provide additional information. The CHRO will determine whether there is "probable cause" to believe discrimination occurred. If probable cause is found, the case moves to conciliation, where the CHRO attempts to negotiate a settlement between you and the employer. If no settlement is reached, the case may go to public hearing before a Commission hearing officer, where both sides present evidence and witnesses. A hearing decision is issued within 30 days of hearing closing. If you lose at the CHRO level, you can appeal to Connecticut Superior Court within 30 days.

Step 5 — Consult an Attorney and Consider Your Options: Contact an employment law attorney as soon as possible after the discriminatory interview, ideally before filing with the CHRO. An attorney can review your documentation, assess the strength of your case, and represent you before the CHRO and in court. Under Connecticut law, if you win, the employer must pay your attorney fees and court costs (unlike some states where each side bears its own costs). Typical remedies include: (1) hiring or reinstatement if you were rejected; (2) back pay from the date you should have been hired to the judgment date; (3) front pay if reinstatement is impossible; (4) compensatory damages for emotional distress and harm to reputation; (5) punitive damages if the discrimination was intentional and egregious (up to $50,000 or more depending on the court's assessment); and (6) injunctive relief requiring the employer to cease the discriminatory practice and retrain its hiring staff. You may also file in court directly under Connecticut § 46a-104 rather than with the CHRO if you prefer, or file with the EEOC if federal law applies (age 40+, race, color, religion, sex, national origin, disability, or genetic information). The EEOC has a 180-day filing deadline in non-deferral states, but Connecticut is a deferral state, so the CHRO's 300-day deadline applies. Filing with CHRO typically tolls the EEOC deadline.