Payroll Client AccessInterview Questions You Can’t Ask in Wisconsin Prohibited Interview Questions
In Wisconsin, employers cannot ask job candidates questions about age, marital status, family plans, religion, disability, race, national origin, sexual orientation or other protected characteristics. Avoid inquiries about arrest records unless related to a pending charge substantially connected to the job.
Questions about health, pregnancy, prior names (unless for reference checks) or financial status unrelated to job duties are also off-limits. Focus only on questions directly related to the applicant’s ability to perform essential job functions.
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Prohibited Interview Questions in Wisconsin Guide With Examples
In Wisconsin, employers must avoid prohibited interview questions likely to cause discrimination or invade privacy. Prohibited questions include asking about prior names (unless needed for reference checks), financial or credit history (unless directly job-related), union membership and personal traits such as appearance, height or weight—unless those traits are essential for specific job functions. BenHR helps businesses stay compliant by offering interview training, up-to-date legal guidance 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 for the position) |
| 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?” (if asked of all applicants) |
| Religion | “What is your religion?” “Do you observe certain religious holidays?” |
“Can you work the required schedule?” (if asked of all applicants) |
| Disability and Health | “Do you have a disability?” “What is your medical history?” |
“Can you perform the essential functions of this job, 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?” (if asked of all applicants) |
| Sex, Gender Identity and Sexual Orientation | “What is your gender?” “Are you male or female?” “What is your sexual orientation?” |
These topics should be avoided entirely. |
| Arrest and Conviction Records | Do not ask about arrest records unless the charge is pending and substantially related to the job. | Questions about convictions must be job-related. |
Why Are Certain Interview Questions Off-Limits?
Certain interview questions are off-limits because they can lead to discrimination or violate an applicant’s privacy under federal and Wisconsin law. Inquiries about personal traits unrelated to job performance—like appearance, union membership or financial background—can result in legal action or reputational harm. BenHR helps employers avoid interview pitfalls with expert guidance, training and compliance tools to keep hiring practices lawful and focused.