Illegal Interview Questions in Washington: What Employers Cannot Ask

Federal law, primarily Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), prohibits employment discrimination based on race, color, religion, sex, and national origin. The Age Discrimination in Employment Act of 1967 (ADEA, 29 U.S.C. § 623) protects workers 40 and older from age-based discrimination. The Americans with Disabilities Act of 1990 (ADA, 42 U.S.C. § 12101 et seq.) prohibits disability discrimination. The Genetic Information Nondiscrimination Act of 2008 (GINA, 42 U.S.C. § 2000ff) restricts inquiries into genetic information.

Federally, employers cannot ask interview questions designed to elicit information about protected characteristics. Questions about arrest records are generally disfavored; employers may ask about convictions in some contexts depending on job relatedness and business necessity. The EEOC enforces these rules and investigates complaints filed within 180 days in non-deferral states (or 300 days where a state agency is enforcing parallel state law).

Federal law does not restrict salary history inquiries—this is left to the states. However, federal law does prohibit retaliation against candidates who refuse to answer unlawful questions or who file complaints. Remedies under federal law include back pay, front pay, compensatory damages, punitive damages (in intentional discrimination cases), and attorney fees.

Washington law provides substantially stronger protections than federal law regarding interview questions. Washington Revised Code § 49.60.020 prohibits discrimination based on race, creed, color, national origin, sex, sexual orientation, gender identity, age, disability, marital status, family status, and veteran status—a broader list than Title VII.

Most critically, Washington Revised Code § 49.44.090 (effective January 1, 2020) explicitly prohibits employers from inquiring about or considering an applicant's salary history during the hiring process. This protection applies to all employers in Washington, regardless of size, and covers private employers, state agencies, and local governments. Employers cannot ask what a candidate earned previously, request wage records, or use salary history in compensation decisions.

Washington also restricts criminal history inquiries more stringently than federal law. Under Washington Revised Code § 9.97.020, employers generally cannot inquire about or consider arrest records, charges, or convictions that have been vacated. For non-vacated convictions, Washington requires individualized assessment of job relatedness using a multi-factor test: the nature of the crime, time elapsed since conviction, and the nature of the job. Blanket policies excluding all applicants with convictions are disfavored.

Washington Human Rights Commission (WHRC) jurisdiction extends to employers with one or more employees, including sole proprietors, whereas Title VII requires 15+ employees. This means virtually all Washington employers are covered by state law. State remedies include actual damages, statutory damages up to $25,000 for first violations and $50,000 for subsequent violations within five years, attorney fees, costs, and injunctive relief. The Washington Human Rights Commission investigates complaints and can issue findings that carry legal weight.

Washington law does not prohibit all questions about criminal history—only questions about arrests or vacated convictions. Employers may inquire about convictions if the position legitimately requires assessment of criminal background. Positions in law enforcement, childcare, healthcare, financial services, and security typically justify some criminal history questions, but the employer must conduct individualized assessment and not apply blanket exclusions.

Questions about disability are permitted if they are job-related and part of a uniform pre-employment medical examination (conducted after a conditional offer of employment) or if the employer is investigating whether an applicant can perform essential job functions. However, general questions probing for disabilities during an interview are prohibited.

Washington law does not prohibit questions about citizenship or work authorization status if required for immigration compliance (I-9 verification), but such questions should be uniform and applied after a conditional offer.

Questions about military service are generally permissible if job-related; the law protects veterans from discrimination but does not bar inquiry.

The salary history prohibition includes a narrow exception: an applicant may voluntarily disclose salary history. The employer may then consider this self-disclosed information, but cannot affirmatively solicit or require disclosure. Employers cannot condition a job offer on salary history disclosure.

Questions required by federal law (such as Form I-9 work authorization checks) are not prohibited, but must not be used as a pretext for discrimination. Employers are not required to ask questions about protected characteristics if they can evaluate job qualifications through other means.

Step 1: Document the violation immediately. Write down the date, time, location of the interview, the interviewer's name and title, the specific questions asked that violated Washington law, and your response. Record any follow-up communications (emails, phone calls) where the employer references the prohibited question or condition. Keep copies of job postings, application materials, and any written interview notes. Save email confirmations of interviews. Photograph or screenshot any online application forms that asked prohibited questions.

Step 2: Determine if an internal complaint process exists. Some large employers have HR complaint procedures. Filing an internal complaint is not required under Washington law, but doing so creates documentation and may trigger an internal investigation. Send a written email to HR or the hiring manager stating that illegal questions were asked during your interview, identify the specific questions, and request a written response. Keep a copy of your complaint. However, note that internal complaints do not toll the statute of limitations—you must still file with the WHRC within one year.

Step 3: File a complaint with the Washington Human Rights Commission (WHRC). The WHRC investigates employment discrimination complaints, including improper interview questions. Visit the WHRC website at www.hum.wa.gov or call 1-800-233-3247. You must file within one year of the alleged violation (Revised Code § 49.60.210). Prepare your complaint by including: your name, address, phone number, and email; the employer's name, address, and business type; the date of the interview; a detailed description of each illegal question asked and why it was unlawful; your response and any harm suffered (e.g., you were not hired); the names and contact information of witnesses if available; and copies of supporting documents (interview confirmation, follow-up emails, job posting). The WHRC accepts complaints in person, by mail, or online via their intake system. There is no filing fee.

Step 4: Expect the investigation process to take 60-90 days, though it can extend longer. The WHRC will contact the employer and request a written response to your allegations. The employer will be asked to produce the interview notes, job posting, and any interview recordings. You may be contacted for additional information. The WHRC investigator may interview the interviewer and other hiring personnel. If the investigator finds probable cause that discrimination occurred (including improper interview questions), the WHRC will attempt to facilitate a settlement between you and the employer. If no settlement is reached, the case may proceed to a hearing before an administrative law judge. Throughout this process, maintain all documentation and respond promptly to WHRC requests.

Step 5: Consult an employment attorney if you did not receive a job offer, if the illegal questions were pervasive, or if the employer retaliates against you (if you later apply or are hired). An employment attorney can evaluate your case, advise whether you have grounds for a lawsuit in superior court, and help you maximize damages. You have the right to file in superior court even if the WHRC is investigating, though courts often wait for WHRC findings. An attorney experienced in Washington employment discrimination law can advise on damages available (actual damages plus statutory damages up to $50,000) and recovery of attorney fees. Contact the Washington State Bar Association (www.wsba.org, 206-733-5914) for a referral.