Payroll Client AccessWhat Interview Questions Can I Not Ask in Wisconsin? Guidelines on Prohibited Interview Questions
BenHR > Prohibited Interview Questions
In Wisconsin, employers must avoid asking job applicants about protected personal information such as age, marital status, religion, disability, race, national origin, sexual orientation or family plans. Questions about arrest records are only allowed if tied to a pending charge substantially related to the job.
Avoid inquiries into health, pregnancy, prior names (except for verified reference checks) or unrelated financial status. Focus your questions on the applicant’s ability to perform the essential job functions.
BenHR helps Wisconsin employers develop compliant interview practices to reduce legal risk and improve hiring outcomes.
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Prohibited Interview Questions in Wisconsin Guide With Examples
Employers must steer clear of questions leading to discrimination or invading an applicant’s privacy. This includes prior names (unless needed for verified reference checks), credit or financial history unrelated to the job, union membership and physical traits like height or weight, unless they are bona fide job requirements. BenHR supports hiring teams with training, legal updates and policy development to prevent costly hiring mistakes.
Permissible and Impermissible Interview Questions
| Topic | Do Not Ask | Acceptable Question |
|---|---|---|
| Age and Date of Birth | “How old are you?” / “What year did you graduate?” | “Are you at least 18 years old?” (if required) |
| Marital Status and Family | “Are you married?” / “Do you have children?” / “Are you pregnant or planning to become pregnant?” | “Can you meet the required work schedule?” (asked of all applicants) |
| Religion | “What is your religion?” / “Do you observe certain religious holidays?” | “Can you work the required schedule?” (asked of all applicants) |
| Disability and Health | “Do you have a disability?” / “What is your medical history?” | “Can you perform the essential job functions, with or without accommodation?” |
| Race, National Origin and Citizenship | “Where were you born?” / “What is your native language?” | “Are you legally authorized to work in the United States?” (asked of all applicants) |
| Sex, Gender Identity and Sexual Orientation | “What is your gender?” / “Are you male or female?” / “What is your sexual orientation?” | No acceptable questions for this topic |
| Arrest and Conviction Records | Questions about arrests unless the charge is pending and substantially related to the job | Directly job-related questions on convictions |
Why Are Certain Interview Questions Off-Limits?
Federal and Wisconsin laws prohibit questions leading to discrimination or violations of applicant privacy. Inquiries into personal traits unrelated to job performance, such as appearance, union membership or financial status, can create legal exposure and harm your company’s reputation. BenHR provides compliance guidance, training and practical tools to help employers maintain fair and lawful hiring practices.