Illegal Interview Questions in Ohio: What Employers Cannot Ask

Federal law, enforced by the Equal Employment Opportunity Commission (EEOC), prohibits hiring discrimination under multiple statutes. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, covers employers with 15+ employees and bans discrimination based on race, color, religion, sex, or national origin. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, protects applicants and employees age 40 and older from age-based discrimination. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., prohibits disability discrimination for employers with 15+ employees. The Genetic Information Nondiscrimination Act (GINA), 42 U.S.C. § 1636, prevents employers from requesting or considering genetic information in hiring decisions.

Federal law prohibits interview questions designed to elicit information about protected categories. Examples include direct age questions ("How old are you?"), questions about religion or religious observance, questions about national origin or accent, inquiries about disability status, and questions about family planning or marital status. Some indirect questions may also violate federal law if their purpose or effect is to screen based on protected characteristics—for instance, "Do you have young children?" can reveal family status and discriminatory intent.

Employers covered by federal law must ask only job-related questions that assess bona fide occupational qualifications (BFOQs). Permitted questions focus on education, work experience, technical skills, ability to work required hours, and specific job-related competencies. The EEOC enforces these rules and accepts discrimination charges filed within 180 days of the interview or hiring decision (or 300 days in "deferral" states with state civil rights agencies). Remedies include back pay, front pay, compensatory damages, punitive damages, reinstatement, and attorney's fees.

Ohio Revised Code section 4112.02 establishes the Ohio Civil Rights Act (OCRA) and mirrors federal protected categories while providing additional state-level enforcement. Ohio's law covers employers with four or more employees (lower than the federal 15-employee threshold), dramatically expanding coverage to small businesses. Protected characteristics under Ohio law include race, color, religion, sex, national origin, age (40+), disability, and genetic information—matching federal protections. However, Ohio provides additional protections: marital status and sexual orientation are recognized protected characteristics under Ohio law, beyond what Title VII explicitly covers at the federal level.

Ohio Revised Code section 2151.86 imposes specific restrictions on criminal history inquiries during hiring. Employers generally cannot ask applicants about sealed convictions, expunged convictions, arrests that did not result in conviction, or minor misdemeanors—creating a state-specific carve-out that strengthens applicant privacy beyond federal law. This statute reflects Ohio's policy of facilitating rehabilitation and employment opportunities for individuals with criminal records.

The Ohio Civil Rights Commission (OCRC) enforces state protections and accepts discrimination complaints within 180 days of the alleged violation. Ohio employers cannot ask questions about marital status, sexual orientation, plans for children, or other non-job-related personal matters—violations of state law even if they might not violate federal law. State remedies include compensatory damages, back pay, front pay, reinstatement, injunctive relief, and attorney's fees. Importantly, Ohio's lower employer size threshold means small businesses with 4-14 employees are subject to state but not federal anti-discrimination law, making Ohio's OCRA critical protection for employees at smaller firms.

Ohio law does permit limited inquiries into disability if strictly job-related and necessary to assess essential job functions under the ADA framework. Employers may ask about ability to perform specific tasks but not about general disability status, medical history, or need for accommodations before a conditional job offer. Questions about criminal history are permissible only in narrow circumstances when directly related to essential job functions (e.g., positions requiring bonding or childcare).

Ohio law contains narrow exceptions to interview question restrictions when job-related inquiries are necessary. The Bona Fide Occupational Qualification (BFOQ) exception permits questions about protected characteristics if they are essential to job performance—for example, a religious organization may inquire about religious belief when hiring clergy, or a modeling agency may ask about age or appearance for youth-specific roles. However, BFOQs are narrowly construed and the employer bears the burden of proving necessity.

Criminal history inquiries have limited exceptions under Ohio Revised Code section 2151.86. Employers may ask about sealed convictions, expunged convictions, or minor misdemeanors if the position directly involves working with vulnerable populations (children, elderly persons, individuals with disabilities), requires bonding or security clearance, or involves access to confidential information. Even then, employers must provide individualized consideration and cannot automatically disqualify applicants based solely on the existence of a criminal record.

Disability-related questions have a limited exception: after extending a conditional job offer, employers may ask about disability, medical history, and need for accommodations. Pre-offer disability inquiries are illegal, but post-offer inquiries comply with ADA requirements for ensuring workplace safety and ability to perform essential functions. Questions about workers' compensation history or ability to work specific shifts remain prohibited as they can indirectly reveal disability status.

Minor exceptions exist for questions about age and work authorization in specific contexts. Employers may ask applicants to confirm they are of legal working age (18+) if required for certain positions. Federal law and EEOC guidance permit verification of work authorization status under IRCA requirements. Employers may also ask about specific educational credentials or certifications that have legitimate age-related requirements (e.g., "Do you have a valid driver's license?"). However, general age questions remain prohibited, and employers cannot make assumptions about age based on graduation dates or years of experience.

Step 1: Document the illegal interview question immediately. Write down the exact question asked, the date, time, location, and name/title of the interviewer. Note whether the question was asked in writing, verbally, or through other media (email, video interview platform). Record the context—did the interviewer explicitly state the question's purpose, or did its discriminatory intent become apparent through the interview flow? Keep copies of any written materials provided, job postings, or interview scorecards that may reveal discriminatory intent. Preserve emails, text messages, or other communications with the interviewer about the position or interview process.

Step 2: Report the violation through internal channels if one exists. Most Ohio employers have an HR department or internal complaint procedure outlined in employee handbooks. File a written complaint describing the illegal question, the date, the interviewer's identity, and any witnesses present. Request written confirmation of receipt and your complaint number. Document whether the employer conducts an investigation and what remedial steps, if any, the employer takes. Internal complaints preserve your credibility and may show the employer failed to address discrimination despite notice. However, filing an internal complaint does not extend your legal filing deadline and does not waive your right to file with the OCRC.

Step 3: File a discrimination charge with the Ohio Civil Rights Commission (OCRC) within 180 days of the interview question or hiring decision. Visit the OCRC website at www.crc.ohio.gov or call 614-466-2785 (Columbus office) or 1-888-815-OHIO (statewide). You may file online, by mail, or in person at OCRC regional offices in Columbus, Cleveland, or Cincinnati. The charge form requires: your name, contact information, and signature; the employer's name, address, and employee count; the date of the alleged discrimination; a description of the illegal question and how it relates to a protected characteristic; the names of witnesses if known; and whether you have filed a charge with the EEOC. You do not need an attorney to file, and filing is free. However, consult an employment attorney before filing if you are unsure about legal grounds or have other employment claims (wrongful termination, retaliation, wage violations).

Step 4: Expect the OCRC investigation to begin within days or weeks of your charge. The OCRC will send a notice of charge to the employer, who must respond in writing within a specified period (typically 10-15 days). The OCRC investigates by requesting documents from the employer (interview notes, job posting, interview scorecards, communications about your application) and may conduct interviews with witnesses. The investigation typically concludes within 3-6 months, though complex cases may take longer. During investigation, do not discuss your charge with coworkers or on social media, as the employer may argue prejudicial statements. Cooperate fully with OCRC investigators and provide any additional evidence or witness contact information they request.

Step 5: Consult an employment attorney if investigation reveals a violation or if the OCRC finds reasonable cause. Contact an employment law attorney in Ohio who specializes in discrimination cases immediately after the interview or no later than 150 days after the question (leaving a buffer before the 180-day filing deadline). An attorney can evaluate whether you have a strong case, assist with documentation, draft the discrimination charge, represent you in settlement negotiations, and litigate if necessary. Many employment attorneys work on contingency (no upfront fee; attorney takes a percentage of recovery) or offer free initial consultations. Use the State Bar of Ohio Lawyer Referral Service (www.ohiobar.org) to find qualified employment law attorneys in your area.