Job interviews are designed to assess candidates’ qualifications, experience and suitability for a role. However, some interviewers may ask discriminatory or inappropriate questions that violate employment equality laws. In the United Kingdom, the Equality Act 2010 provides legal protection against discrimination based on certain protected characteristics, including age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation (Fell & Dyban, 2017). This article explores the nature of discriminatory questions in interviews, how candidates should handle them, and how applicants can proactively engage through informed questioning of employers.
Understanding Discriminatory Questions
A discriminatory question is any question that is unrelated to a candidate’s ability to perform the job and instead refers to personal characteristics protected by law (Blackham, 2017). Examples include:
- “Do you plan on having children soon?”
- “How would you feel about managing a team of male staff?”
- “Where are you originally from?”
- “Do you observe any religious holidays?”
Such questions can reveal biases and may amount to direct or indirect discrimination under the Equality Act 2010 (Hamerton, 2025). Direct discrimination occurs when an individual is treated less favourably because of a protected characteristic, while indirect discrimination occurs when an apparently neutral policy disadvantages a particular group (Bacquet & Bunbury, 2022).
For example, asking a woman whether she plans to have children assumes that caregiving responsibilities may affect job performance—a stereotype that perpetuates gender inequality in the workplace (Davies & Robison, 2016). Similarly, asking about ethnic background or religion can violate a candidate’s right to equal treatment (Hepple, Coussey & Choudhury, 2000).
Legal Framework: The Equality Act 2010
The Equality Act 2010 consolidated previous anti-discrimination laws such as the Sex Discrimination Act 1975 and Race Relations Act 1976 into a unified framework (Fell & Dyban, 2017). The Act requires employers to ensure that recruitment processes—including application forms, interviews, and assessments—are free from discriminatory bias.
According to Section 39 of the Act, employers must not discriminate against a person in arrangements for determining employment, terms of employment, or by not offering employment (Hussain, Rizvi & Sheikh, 2022). Questions that relate to health or disability are only lawful if they are directly relevant to assessing the candidate’s ability to perform essential job functions (Konur, 2002). For instance, asking whether an applicant requires reasonable adjustments to participate in the interview is permissible, whereas asking, “What is your disability?” is not.
A landmark example illustrating these principles is the case of Archibald v Fife Council (2004), where the tribunal ruled that positive discrimination—allowing a disabled employee to bypass an interview process—was lawful to promote equality of opportunity (Hussain et al., 2022).
Handling Discriminatory Questions
Candidates must balance professionalism with self-advocacy when faced with discriminatory questions. As noted by Saks and McCarthy (2006), applicant reactions to inappropriate questions can influence both their evaluation and their perception of the employer’s ethical standards.
There are three possible strategies for handling such questions:
- Redirect the Question
Politely steer the conversation towards your professional qualifications. For example, if asked about family plans, you might respond:
“I’m fully committed to developing my career and delivering strong results in this role. Could I tell you more about how I’ve managed high-pressure projects in previous positions?”
This approach keeps the discussion professional and maintains control of the interview tone.
- Address the Issue Directly
In some cases, candidates may calmly challenge the question:
“I’m not sure how that relates to my ability to perform in the role. Could you clarify the relevance?”
This response, while assertive, signals awareness of employment law and confidence.
- End the Interview or Report the Incident
If the question indicates deeper organisational prejudice, candidates have the right to withdraw from the process or report the incident. Writing down what was said and contacting a university careers or equality officer or the Equality and Human Rights Commission (EHRC) is advisable (Equality and Human Rights Commission, 2023).
These strategies align with research by Drydakis (2015), who found that discriminatory recruitment behaviour not only damages employers’ reputations but also contributes to systemic inequality in the UK labour market.
Discriminatory questions in interviews undermine fairness, professionalism, and equal opportunity. The Equality Act 2010 ensures that all applicants are judged based on their skills, qualifications, and potential, not personal characteristics unrelated to job performance. Candidates should be prepared to recognise such questions, respond assertively, and reflect critically on the experience.
Equally, preparing informed questions for interviewers demonstrates initiative and maturity, helping to establish a balanced and professional dialogue. Ultimately, mastering these aspects of the interview process not only protects against discrimination but also empowers candidates to find workplaces that truly value diversity, equality, and inclusion.
References
ACAS (2024) Handling Discrimination at Work. London: Advisory, Conciliation and Arbitration Service.
Bacquet, S. & Bunbury, S. (2022) ‘Reasonable adjustments vs. indirect discrimination: Are all protected characteristics equal under the UK Equality Act 2010?’, Law & Justice – Christian Law Review, 188, pp. 59–77.
Blackham, A. (2017) ‘Employment discrimination law in the United Kingdom: Achieving substantive equality at work?’, Australian Journal of Labour Law, 30(2), pp. 145–168.
Davies, C.M. & Robison, M. (2016) ‘Bridging the gap: An exploration of the use and impact of positive action in the United Kingdom’, International Journal of Discrimination and the Law, 16(2), pp. 121–137.
Drydakis, N. (2015) ‘Sexual orientation discrimination in the United Kingdom’s labour market: A field experiment’, Human Relations, 68(11), pp. 1769–1796.
Equality and Human Rights Commission (2023) Equality Act 2010: Guidance for Employers. London: EHRC.
Fell, E.V. & Dyban, M. (2017) ‘Against discrimination: Equality Act 2010 (UK)’, European Proceedings of Social and Behavioural Sciences, 25, pp. 182–188.
Hamerton, C. (2025) ‘The Equality Act 2010: Evaluating the evolution and development of organisational strategy and professional practice’, Strategic HR Review, 24(3), pp. 22–33.
Hepple, B., Coussey, M. & Choudhury, T. (2000) Equality: A New Framework. London: Bloomsbury.
Hussain, Z., Rizvi, L.J. & Sheikh, H. (2022) ‘The Equality Act (2010) – Pre- and post-pandemic historic development on equality and discrimination issues for employers’, International Journal of Law and Management, 64(3), pp. 289–307.
Konur, O. (2002) ‘Access to employment by disabled people in the UK: Is the Disability Discrimination Act working?’, International Journal of Discrimination and the Law, 5(4), pp. 243–258.
Saks, A.M. & McCarthy, J.M. (2006) ‘Effects of discriminatory interview questions and gender on applicant reactions’, Journal of Business and Psychology, 21(1), pp. 175–188.
