Illegal Interview Questions in Pennsylvania: What Employers Cannot Ask

Federal law prohibits employers from asking interview questions that discriminate based on protected characteristics. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, covers employers with 15 or more employees and prohibits discrimination based on race, color, religion, sex, or national origin. The Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., applies to employers with 20 or more employees and prohibits age-related questions for applicants 40 and older.

The Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., prohibits employers with 15 or more employees from asking disability-related questions or requiring medical examinations before making a conditional offer of employment. The Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff et seq., prohibits questions about genetic information, family medical history, genetic tests, or family genetic tests.

The EEOC, which enforces these federal laws, has issued detailed guidance on permissible and impermissible interview questions. Employers may ask about job-related experience, education, and ability to perform job functions. However, questions about arrest records, conviction history (with limited exceptions), physical appearance, personal relationships, religious beliefs, union membership, or disabilities are generally prohibited during the initial interview stage. Violations can result in EEOC charges, investigations, and remedies including back pay, front pay, compensatory damages, punitive damages, and attorney's fees.

Pennsylvania state law provides additional protections beyond the federal baseline. The Pennsylvania Human Relations Act (PHRA), 43 P.S. § 951 et seq., applies to employers with four or more employees (lower than the 15-employee federal threshold for Title VII). The PHRA prohibits discrimination in hiring based on race, color, religion, sex, national origin, age (40 and older), disability, genetic information, or sexual orientation and gender identity. This means Pennsylvania employers with 4-14 employees are covered by state law but not federal Title VII, making state law the applicable standard for those employers.

Pennsylvania's Criminal History Record Information Act, 18 P.A.C.S. § 9101 et seq., restricts employer inquiries into criminal history. Employers generally cannot ask about arrests or convictions during the interview or application process, with narrow exceptions for certain safety-sensitive positions (law enforcement, childcare, healthcare, financial services). This state law is stricter than federal law, which does not categorically prohibit criminal history questions but requires individualized assessment under EEOC guidance.

Additionally, Pennsylvania common law and statutory provisions protect applicants from invasive personal questions not job-related. Questions about marital status, family plans, childcare arrangements, sexual orientation (beyond federal protections), union membership history, or workers' compensation claims are disfavored under Pennsylvania law. The state courts and PHRC have held that employers may only ask questions directly related to essential job functions or legitimate business needs. Remedies under Pennsylvania law include back pay, front pay, compensatory damages for emotional distress, punitive damages in cases of willful discrimination, and attorney's fees. The PHRC enforces state law and has concurrent jurisdiction with the EEOC under dual filing arrangements.

Pennsylvania law contains narrow exceptions to interview question restrictions. For bona fide occupational qualifications (BFOQs), employers may ask otherwise-prohibited questions if the characteristic is essential to the job. For example, a religious organization may inquire about religious beliefs for ministerial roles; an entertainment company may ask about age for roles requiring a minor or elderly person.

For criminal history, employers may ask about convictions (not arrests) in safety-sensitive positions such as law enforcement, childcare providers, healthcare workers, financial service employees, and positions involving access to vulnerabilities. However, even in these cases, the employer must use individualized assessment and cannot have a blanket policy excluding all applicants with criminal histories. The employer must consider the nature of the offense, time since conviction, and job duties.

Under the Americans with Disabilities Act, employers may ask whether an applicant can perform job functions and may request reasonable accommodations after a conditional offer is made, but cannot ask about disabilities or medical conditions pre-offer. For applicants who voluntarily disclose disabilities, employers may ask follow-up questions about necessary accommodations.

Questions about workers' compensation history may be asked post-hire for insurance purposes or safety assessments, but are generally prohibited during the interview phase. Questions about arrest records are prohibited even in safety-sensitive positions; only convictions may be considered. At-will employment status is not affected by permissible or impermissible interview questions; however, if discrimination in the hiring process is proven, the applicant may have claims for failure to hire. Union membership status may only be questioned in contexts where union affiliation affects legitimate job performance (e.g., in right-to-work assessments), and even then, careful compliance is required.

Step 1: Document the discriminatory interview questions. During or immediately after the interview, write down the exact questions asked, who asked them, the date, time, and location of the interview. Note your responses and any comments made by the interviewer that suggested discriminatory intent or impact. Keep copies of the job posting, job description, and any written materials received. Document whether other applicants were asked different questions or treated differently based on protected characteristics. Preserve all emails, texts, and communications with the employer.

Step 2: Understand the internal complaint process. Many employers have internal complaint procedures; however, filing an internal complaint is not required before filing with external agencies. If the employer has a written equal employment opportunity (EEO) policy, review it for internal reporting requirements. Some employers offer mediation through HR. Filing an internal complaint creates a paper trail and may provide the employer an opportunity to resolve the matter, but does not stop the clock on filing external complaints. You retain the right to pursue external remedies regardless of internal complaint outcomes.

Step 3: File a charge with the appropriate agency. In Pennsylvania, you have 300 days from the discriminatory conduct to file either with the Pennsylvania Human Relations Commission (PHRC) or the federal Equal Employment Opportunity Commission (EEOC). Filing with either agency triggers dual-filing protection. The PHRC can be reached at 717-787-4362 or online at www.phrc.pa.gov. You can file online or by mail; no filing fee is required. The EEOC Philadelphia District Office serves Pennsylvania and can be reached at 215-440-2600 or online at www.eeoc.gov. Provide detailed information: your name, contact information, employer name and address, date of the interview, description of the discriminatory questions, your protected characteristic that was the basis for discrimination, and any witnesses. Include copies of the job posting and any written communications.

Step 4: Expect the investigation process. After filing, the PHRC or EEOC will send a charge-received notice. The agency will notify the employer and request a response (typically within 30 days). The investigator will contact you to clarify facts and may request additional documents. The employer will be asked to provide interview notes, the job description, information about who was hired, and demographic information about applicants. The investigation typically takes 60-180 days. You may be asked for a written statement or recorded interview. If the agency finds reasonable cause to believe discrimination occurred, it will attempt conciliation. If conciliation fails, the agency may issue a determination letter stating whether it found discrimination. You then have the right to sue in court or request a hearing before an administrative judge.

Step 5: Consult an employment law attorney early. Contact an attorney who specializes in employment discrimination law before or immediately after filing your charge. An attorney can help you draft a detailed charge, preserve evidence, negotiate settlements, and represent you in administrative proceedings or litigation. Many employment discrimination attorneys work on contingency (no upfront fee; they recover a percentage of your award). Initial consultations are often free. Choose an attorney licensed in Pennsylvania with experience in PHRC and EEOC cases.