Illegal Interview Questions in Indiana: What Employers Cannot Ask

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employers with 15 or more employees from making hiring decisions based on race, color, religion, sex, or national origin. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., prohibits disability-related questions and medical examinations before a conditional job offer is made. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., covers employers with 20 or more employees and restricts age-related inquiries.

The Genetic Information Nondiscrimination Act (GINA), 42 U.S.C. § 1681 et seq., prohibits employers from seeking or requiring genetic information about applicants or employees. Under the Pregnancy Discrimination Act (PDA), 42 U.S.C. § 2000e(k), employers cannot ask questions about pregnancy, childbearing intentions, or family planning.

Federal law enforced by the Equal Employment Opportunity Commission (EEOC) prohibits questions that screen out applicants based on protected characteristics, even indirectly. For example, asking "Do you have reliable transportation?" may have a disparate impact on certain groups. After a conditional job offer, employers may conduct medical exams and inquire about health, but only if applied to all incoming employees in the same job category. Remedies for violation include back pay, front pay, compensatory damages for emotional distress, punitive damages (up to $300,000 for large employers), and attorney fees.

Indiana's Civil Rights Act, Ind. Code § 22-9-1-1 et seq., prohibits employment discrimination by employers with 6 or more employees (lower threshold than federal 15-employee rule). The statute covers race, color, religion, sex, national origin, ancestry, and disability. Indiana tracks federal protections but does not exceed them materially in the interview context.

Indiana Code § 22-9-1-2 defines unlawful employment practices to include failing or refusing to hire based on protected characteristics. The statute applies the same fundamental principle as Title VII: interview questions and hiring decisions must be based on bona fide job-related qualifications, not membership in a protected class.

Indiana does not have a separate state restriction on age discrimination in hiring (Indiana does not track the ADEA separately at the state level for interview purposes). Disability accommodation under Indiana law follows the ADA model: employers must not ask disability or medical history questions before a conditional offer unless exception applies.

Indiana has no heightened protections for genetic information or pregnancy discrimination beyond what GINA and the PDA require federally. The state applies the same "job-related and consistent with business necessity" standard as federal law. Both state and federal law permit employers to ask about ability to perform essential job functions, relevant experience, education, and work history.

Violations of Indiana's Civil Rights Act can result in complaints to the Indiana Civil Rights Commission (ICRC), which investigates and may pursue settlement, conciliation, or referral to the Attorney General for civil enforcement. Remedies mirror federal law: back pay, compensatory damages, punitive damages, and attorney fees.

Indiana law and federal law contain narrow exceptions to interview question restrictions. Bona fide occupational qualification (BFOQ) is the primary defense: an employer may ask about a protected characteristic if it is essential to the job and there is no way to assess ability to perform without the inquiry. For example, a casting director for a film may ask about age or race if authenticity to role is genuinely required. BFOQs are construed narrowly and rarely apply in ordinary employment contexts.

Business necessity is a related but distinct defense: an employer may ask a question that has a disparate impact if it is necessary to safely or effectively operate the business and is the least discriminatory way to accomplish that goal. For instance, asking about criminal history may be permissible if the position involves handling cash or vulnerable populations, provided the question is applied equally and the employer conducts individualized assessment.

Safety-sensitive positions present an exception under the ADA: employers may ask about ability to perform essential job functions and may condition a conditional job offer on successful completion of a medical exam or drug test. However, medical questions cannot be asked before the offer.

Voluntary disclosure by the candidate differs from employer inquiry: if an applicant spontaneously discloses a disability or protected characteristic, the employer is not liable for hearing that information. However, the employer must not follow up with probing disability-related questions.

At-will employment in Indiana is a hiring doctrine that applies after hire but does not create an exception to interview question restrictions. An employer may terminate an at-will employee for any reason that is not illegal; however, discriminatory interview practices are themselves illegal and generate liability regardless of at-will status.

Union positions subject to collective bargaining agreements may have specific interview protocols, but federal and state anti-discrimination law still applies to the hiring process itself. No carve-out exists for union shops.

Step 1: Document the discriminatory interview question(s) immediately. Write down the exact question asked, the date, time, location of the interview, the interviewer's name and title, and your name. Note whether the question was asked to you but not to other candidates, or asked to everyone but particularly targeted at you. If you have a recording, notes, or emails referencing the question, preserve those. Obtain the names and contact information of any witnesses present during the interview. Keep all job posting materials, application confirmation emails, and any follow-up correspondence from the employer.

Step 2: Consider raising an internal complaint if the employer has an HR department or complaint procedure. Check the employer's employee handbook or website for a grievance policy. Send a written email or letter to HR documenting the question, the date, and why you believe it was unlawful (e.g., "The interviewer asked my age, which violates Title VII and Indiana civil rights law"). Keep a copy for your records. Request a written response. Internal complaints are not required by law and do not toll the filing deadline, but they document the employer's awareness and may support a retaliation claim if you are rejected after complaining.

Step 3: File a charge with the Indiana Civil Rights Commission (ICRC), the state deferral agency. Indiana has a 180-day filing window from the date of the discriminatory question. The ICRC website is www.in.gov/icrc; the mailing address is Indiana Civil Rights Commission, 100 North Senate Avenue, Room N103, Indianapolis, IN 46204. Phone: 317-232-2600. You may also file directly with the EEOC at www.eeoc.gov or call 1-800-669-4000. If you file with the ICRC, your charge will be cross-filed with the EEOC automatically. The charge requires your name, address, phone number, employer name and address, description of the violation, and the date it occurred. You do not need an attorney to file.

Step 4: The investigation process begins after filing. The ICRC will assign an investigator who will contact the employer for a statement and records. The investigator may request your interview notes, the job posting, other applicants' profiles, and interview records. The employer will be asked to respond to the allegations. This phase typically takes 60–180 days. You may be contacted for additional information. The ICRC will issue a cause or no-cause determination. If cause is found, the parties are offered conciliation (settlement negotiation). If conciliation fails, the case may proceed to the Indiana Attorney General's office for civil enforcement, or you may request a right-to-sue letter to file a private lawsuit in federal court.

Step 5: Consult an employment law attorney if the charge is rejected (no-cause determination), if you receive a right-to-sue letter, or if you wish to pursue damages beyond what the ICRC can award. An employment discrimination attorney can advise on filing a federal lawsuit under Title VII, the ADA, or ADEA in U.S. District Court for the Southern District of Indiana or the Northern District of Indiana. Attorneys typically work on contingency (no upfront fee; they take a percentage of recovery). The statute of limitations for a Title VII lawsuit is 90 days after receiving a right-to-sue letter, so timing is critical. An attorney can negotiate settlement, pursue discovery to obtain employer records, and litigate damages claims.