Illegal Interview Questions in Missouri: What Employers Cannot Ask

Federal law provides the foundation for interview restrictions through multiple statutes enforced by the Equal Employment Opportunity Commission (EEOC). Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) prohibits employment discrimination based on race, color, religion, sex, or national origin for employers with 15 or more employees. The Age Discrimination in Employment Act (ADEA, 29 U.S.C. § 623) protects workers 40 and older from age-based inquiries for covered employers (20+ employees). The Americans with Disabilities Act (ADA, 42 U.S.C. § 12101 et seq.) restricts disability-related questions until after a conditional job offer is made.

These laws prohibit questions that elicit information about protected characteristics, even if asked indirectly. For example, asking 'When did you graduate high school?' can reveal age. The EEOC provides guidance that employers may ask about ability to perform job functions but not about medical history, disability status, family plans, or personal circumstances before a conditional offer. The Equal Pay Act (29 U.S.C. § 206(d)) also affects interviews by prohibiting inquiries designed to establish pay history when evaluating female applicants. Federal remedies include back pay, front pay, compensatory damages, punitive damages (up to $300,000 for larger employers), and attorney's fees under 42 U.S.C. § 1981a.

Missouri law reinforces and in some areas expands federal protections. Missouri Revised Statutes § 296.735 applies to all employers with six or more employees (broader than federal law's 15-employee threshold for Title VII). The statute explicitly prohibits discrimination in hiring based on race, color, religion, sex, national origin, age, disability, or familial status. Missouri's age protection applies to workers 40 and older, consistent with the federal ADEA.

Missouri's law is stronger than federal baseline in several respects. First, it covers smaller employers (6+ employees vs. 15+ under Title VII). Second, Mo. Rev. Stat. § 287.067 specifically restricts inquiries about arrest and conviction records during initial interviews and job applications. Employers cannot ask applicants about arrests that did not result in conviction. For convictions, employers must assess whether the crime is substantially related to the job duties; only then may they inquire. This "individualized assessment" requirement protects applicants from blanket exclusions based on criminal history.

Missouri law also addresses employment history inquiries more carefully. Questions about unexplained gaps in employment, reasons for job transitions, or personal circumstances must be genuinely job-related and not pretexts for discovering protected information. Unlike federal law alone, Missouri courts have found that certain indirect questions ("Do you have reliable childcare?" or "How do you manage multiple responsibilities?") can constitute illegal discrimination when they disproportionately affect protected groups, particularly women.

State remedies under Mo. Rev. Stat. § 296.735 are comparable to federal remedies: back pay, lost benefits, compensatory damages, and attorney's fees. Missouri's Commission on Human Rights investigates state charges. The state has a 180-day filing deadline for administrative complaints (compared to 300 days in federal deferral states), making timing critical for Missouri applicants.

Several important exceptions and limits apply to Missouri interview restrictions. First, the Bona Fide Occupational Qualification (BFOQ) exception permits age, sex, or national origin inquiries if the characteristic is essential to the job, though this is interpreted very narrowly—primarily acting roles, privacy-sensitive positions (e.g., restroom attendants), or certain safety-sensitive roles. However, religion, race, and color have no BFOQ exception under any circumstance.

Second, Mo. Rev. Stat. § 287.067's restriction on criminal history inquiries contains a significant limitation: after a conditional job offer, employers may ask about convictions that are substantially related to the job. Some positions with BFOQ status (security guards, childcare providers, positions of financial trust) may permit earlier inquiries if a statute explicitly authorizes it. Applicants with sealed or expunged records may legally state they have no criminal history.

Third, certain federal exceptions exist that Missouri courts recognize. If an employer is operating under federal contract or receiving federal funding, additional background check and reference requirements may apply, and some interview restrictions may be superseded by federal procurement rules. Additionally, the ADA's medical inquiry restriction does not apply to a final interview stage if the job offer is genuinely conditional and all applicants are asked medical questions equally.

Fourth, at-will employment doctrine applies in Missouri: an applicant has no contractual right to not be asked a particular question, only a right not to be discriminated against based on the answer. If an employer asks an illegal question but hires the applicant anyway, there is no violation unless the question itself is part of a pattern of discrimination. Likewise, asking a protected question that does not result in an adverse employment action (denial of interview, rejection) may not constitute a legal violation, though it indicates potential discrimination risk.

Finally, small employers with fewer than 6 employees are not covered by Missouri's state anti-discrimination statute, though they remain subject to federal law if they meet federal thresholds. Union apprenticeship programs and state/federal government agencies may have additional exemptions or alternative rules under labor law.

Step 1 — Document Everything Immediately After the Interview.

Within 24 hours of the interview, write down the exact questions asked, including context and the interviewer's tone or follow-up remarks. Record the date, time, location, and names of all interviewers present. Note how you answered and any reactions. If the question was phrased indirectly ("Do you have young children?" rather than "What is your family status?"), write the exact wording. Save all written materials: email confirmations, application forms, job postings, interview notes or feedback you receive. If the interviewer made comments about your appearance, age, or background, document those word-for-word. Take screenshots of the job posting if it remains live; employers sometimes remove discriminatory postings after complaints.

Step 2 — Initiate Internal Complaint If a Process Exists.

If the employer has an HR department or formal complaint procedure, submit a written complaint to HR within 10-15 days of the interview. Use email so you have a timestamped record. State clearly: "During my interview on [date], I was asked [exact question], which relates to my [protected characteristic: age/race/disability, etc.]. This question appears to violate Missouri anti-discrimination law." Request written acknowledgment and ask about next steps. Do not assume internal complaints are confidential—they often are not. Keep copies of all correspondence. Internal complaints are not required by law but create an internal record and sometimes prompt employer self-correction. Employers are less likely to face punitive damages if they had a complaint process and acted reasonably on a complaint, though filing internally does not waive your right to file a government complaint.

Step 3 — File an Administrative Complaint with the Missouri Commission on Human Rights (MCHR) or EEOC.

You must file within 180 days of the discriminatory interview question (Mo. Rev. Stat. § 296.735). The Missouri Commission on Human Rights (MCHR) is the state agency. You can file online at mchr.mo.gov or by mail: Missouri Commission on Human Rights, 3315 West Truman Boulevard, Jefferson City, MO 65109. Phone: 573-751-3325. Alternatively, you may file with the EEOC (which is a federal agency) at eeoc.gov or by visiting your nearest EEOC field office. Filing with one agency typically cross-files with the other due to worksharing agreements.

To file, provide: your name and contact information, the employer's name and address, the date of the interview, a detailed description of the discriminatory question(s), the protected characteristic involved, and the harm you suffered (lost opportunity, emotional distress, time spent applying elsewhere). Include the names of any witnesses. If you were rejected after the interview, explain that connection. The filing fee is minimal or waived if you qualify as low-income. Your complaint becomes a formal investigation trigger.

Step 4 — Understand the Investigation and Administrative Process.

Once filed, the MCHR or EEOC will send you a notice of receipt and an intake counselor will contact you to clarify details (typically within 14-30 days). The agency will then notify the employer and request a written response. The employer's response often includes their hiring decision rationale, interview notes, and job qualifications. This is not a courtroom; investigators examine documents and may conduct brief interviews with you and the employer. Investigation timelines vary: typical MCHR investigations take 60-180 days, though complex cases take longer. You will not attend a hearing during investigation unless the agency schedules a "fact finding conference," which is an informal mediation-style meeting.

After investigation, the agency issues a Determination Letter stating whether "probable cause" exists that discrimination occurred. If probable cause is found, the case enters the conciliation phase, where the agency attempts to negotiate a settlement. If conciliation fails, you receive a Notice of Right to Sue (in federal cases) or the agency may litigate on your behalf (in state cases under MCHR). Settlement amounts at this stage typically range from $2,000 to $15,000 for interview-stage discrimination, depending on harm proven.

Step 5 — Consult an Employment Law Attorney.

Consult an attorney within 30 days of the interview if possible, ideally before filing (though filing first is acceptable). Look for an employment lawyer licensed in Missouri who specializes in discrimination law. Many offer free consultations. An attorney can assess whether the question clearly violates Missouri/federal law, evaluate damage potential (lost wages, emotional distress, punitive damages if intentional), and advise whether filing is worthwhile—some cases are stronger than others. If you were rejected after the interview, an attorney can help prove causation (that the illegal question caused the rejection). Some attorneys work on contingency (no fee unless you win), making representation accessible. If you cannot afford an attorney, contact the Legal Aid of Eastern Missouri, Legal Services of Southern Missouri, or a local law school clinic. Your attorney can also represent you in settlement negotiations and, if needed, file a civil lawsuit in Missouri courts after administrative remedies are exhausted or if the EEOC issues a Notice of Right to Sue (which takes 180 days minimum).