A question about a candidate’s children, age or health can create a hiring problem before you make an offer. Most of these questions aren’t expressly banned, but using the answer to make a hiring decision can violate federal law or Utah’s Antidiscrimination Act. Those laws generally cover employers with 15 or more employees; federal age-discrimination protection starts at 20. Pre-offer disability and medical questions are among the questions prohibited outright.
I’ve heard hiring managers ask about favorite magazines, breakfast cereal and which animal a candidate would be. Personality questions don’t necessarily bother me. I pay closer attention to questions that reveal personal information an employer shouldn’t use, particularly when that information says nothing about whether the person can do the work.
Start with the duties and schedule of the role. That gives you a useful way to ask about availability and qualifications without guessing about someone’s personal life.
Which interview questions are actually illegal in Utah?
I advise managers to leave sex, family circumstances, caregiving arrangements and national origin out of the interview. You can usually get the information you need by asking about the work itself.
The distinction is between asking a personal question and making a decision based on a protected trait. Utah’s Antidiscrimination Act covers employers with 15 or more employees in Utah for 20 or more weeks, excluding religious organizations. Its protections include:
- race and color
- sex, and pregnancy, childbirth and related conditions, including breastfeeding
- age 40 and over
- religion
- national origin
- disability
- sexual orientation and gender identity
Federal law covers much of the same ground: Title VII, the ADA and GINA at 15 employees, and the ADEA at 20. If you ask about a protected trait and then reject the applicant, that question can become evidence in a discrimination claim.
Disability, medical and genetic-information questions have specific restrictions:
- Disability and medical questions before a job offer. Under the ADA (15+ employees), you can’t ask pre-offer disability or medical questions or require a medical exam. You can ask whether someone can perform the job’s functions. A medical exam is allowed after a conditional offer.
- Genetic information. Under GINA (15+), you can’t request genetic information, and that includes family medical history.
Utah also bars employers from taking action against someone over religious, political or personal expression outside work. Leave questions about worship, voting and personal posts out of the interview.
Can I ask about kids if the job requires travel?
If the role involves travel, describe how often and for how long. Asking about children doesn’t tell you whether the candidate can meet that requirement.
“We shouldn’t be asking, ‘Well, how many kids do you have?’ Right? Because that shouldn’t matter. The things that should matter are, are they qualified to do the job? And we can talk about the job requiring travel, and are you willing to do this amount of travel?”
— Josh Henderson, Founder, Denali HR
Utah doesn’t list family or caregiving status as a protected class by name. A question about children can still suggest that sex or pregnancy influenced the decision; both are protected under Utah and federal law for covered employers with 15 or more employees. Let the candidate decide whether the travel fits their circumstances. Your job is to explain the requirement accurately.
Use the same approach for early starts, weekend shifts and other scheduling requirements.
What shouldn’t I ask, and what should I ask instead?
The examples below show how to keep the conversation relevant to the role. Employee thresholds refer to Utah private employers.
| Don’t ask | The rule (Utah private employers) | Ask instead |
|---|---|---|
| “Do you have kids?” “Are you planning a family?” | Can read as a question about sex or pregnancy, protected under Utah’s Antidiscrimination Act and federal law (15+) | “This role travels about two weeks a month. Can you meet that schedule?” |
| “How old are you?” “What year did you graduate?” | Age 40+ is protected under Utah law (15+) and the federal ADEA (20+) | “This role requires a [license or certification]. Do you hold it?” |
| “Where are you from?” “Is English your first language?” | National origin is protected under Utah law and federal law (15+) | If a language is part of the job: “This role takes customer calls in Spanish. How comfortable are you doing that?” |
| “Do you have any medical conditions?” “How many sick days did you take last year?” | Barred before a job offer under the ADA (15+) | “Here’s what the job involves day to day. Can you do these tasks, with or without reasonable accommodation?” |
| “Does anything run in your family, health-wise?” | GINA (15+) bars requesting genetic information, including family medical history | Nothing. There’s no job-related version. |
| “What church do you go to?” “Who did you vote for?” | Religion is protected (Utah 15+), and Utah bars action over religious, political or personal expression outside work | “This role works Sundays. Can you work that schedule?” |
| “Are you married?” “What does your spouse do?” | Can surface sex, sexual orientation or gender identity, all protected under Utah law (15+) | Nothing. Collect emergency contacts after hire. |
| “Have you ever been convicted of a crime?” | Allowed for private Utah employers, but applicants may answer about an expunged record as if it never happened | “Do you have any convictions related to [the duties of this role]?” |
| “What did you make at your last job?” | Not banned for private Utah employers as of October 2026 | “What pay range are you looking for?” |
For turning those “ask instead” questions into a consistent process, see our guide to candidate screening and interview scorecards.
Does Utah have its own rules on background and pay questions?
Utah has specific rules for criminal-history questions and employment verification. Salary-history questions are treated differently.
- Criminal history. Utah’s “ban the box” law (Utah Code 34-52-201) covers public employers only. Private Utah employers may ask about convictions. But an applicant may answer about an expunged record “as though the action … never occurred” (Utah Code 34-52-301). Our post on employment background checks covers the screening side.
- Salary history. As of October 2026, Utah has no salary-history ban for private employers.
- E-Verify. Utah private employers with 150 or more employees must register with and use E-Verify, or an equivalent, for new hires (Utah Code 13-47-201). The section is set to repeal on the earlier of July 1, 2027 or a governor’s finding, and it’s in force as of October 2026.
Once you make the offer, the clock starts on paperwork: Form I-9 Section 2 within three business days of hire, and new-hire reporting to Utah DWS within 20 days. Our first-hire paperwork checklist walks through it.
What should I ask instead to find the right person?
I prefer open-ended questions about work the candidate has already done. Ask “Tell me about a time when you…” and name a task or problem relevant to the role. A past example gives you something to discuss in detail. A hypothetical answer mostly tells you what the candidate thinks you want to hear.
If the candidate describes a difficult situation but leaves out what they did, follow up. Ask for their actions and the outcome.
“We’re like, ‘Well, what did you do? Tell me what actions you took. How did you handle this?’ And then they’ll tell you, and then, ‘Okay, how did that work out?'”
— Josh Henderson, Founder, Denali HR
An example doesn’t have to end well to be useful. How someone explains a poor outcome can help you understand their judgment. Use the same sequence with each candidate:
- List the three or four things the job really requires. Every question should map to one of them.
- Ask “Tell me about a time you…” using a real task from the role.
- Situation: What was going on, and what was at stake?
- Action: What did you do? Ask the candidate to distinguish their contribution from the team’s.
- Result: How did it work out?
- Score every candidate the same way, on the same questions, before you compare notes.
I still like personality questions. They just need to stay tied to the job and to how someone would fit the organization, not drift toward who they are outside work.
Why does a careful interview matter so much for a small business?
When work is piling up, it’s easy to hire the first person who seems capable. I’ve seen owners keep a poor fit for too long afterward because replacing that person means admitting the hire didn’t work and starting the search again.
If the workload can’t wait, temporary help may give you time to interview properly. It lets you address the immediate need while looking for someone who can handle the role long term.
Before the first interview, write down the job’s requirements and the questions you’ll use to assess them. That preparation makes candidates easier to compare and keeps personal assumptions out of the decision.
Frequently Asked Questions
Is it illegal to ask a candidate’s age in Utah?
Asking isn’t banned word for word, but using age against someone who is 40 or older is illegal under Utah’s Antidiscrimination Act (15 or more employees) and the federal ADEA (20 or more employees). Once you’ve asked, the answer can become evidence in a claim. Ask about the license, certification or schedule the job actually requires instead.
Can I ask a candidate if they have a disability?
Not before a job offer, if you have 15 or more employees. The ADA bars pre-offer disability and medical questions and exams. You can describe the job and ask whether the candidate can perform its functions, and a medical exam is allowed after a conditional offer.
Can Utah employers ask about criminal history?
Private employers can. Utah’s ban-the-box law covers public employers only. But an applicant may answer a question about an expunged record as though it never happened, so build your question and your background-check process around that.
Can I ask about salary history in Utah?
As of October 2026, Utah has no salary-history ban for private employers, so the question isn’t barred. Asking what pay range the candidate is looking for tends to give you more useful information for the offer.
Do these rules apply if I have fewer than 15 employees?
Title VII, the ADA, GINA and Utah’s Antidiscrimination Act start at 15 employees, and the ADEA at 20. Below those numbers, those particular laws don’t apply by headcount, but they aren’t the only laws in play, and the questions still don’t tell you who can do the job. Build the habit now so it’s in place as you grow.
What can I ask instead of whether a candidate has kids?
Ask about the job. If the role requires travel, early starts or weekend shifts, describe that schedule and ask whether the candidate can meet it. In my view, whether a family situation works with the job is the candidate’s decision, not the employer’s.
If you’re preparing to hire, book a call to review your interview questions and scorecard with us. You can also read about our HR services for Utah small businesses.
This article is general information, not legal or HR advice. Employment laws vary by jurisdiction and change over time. Talk with Denali HR or your employment attorney before acting on a specific hiring decision.
Sources
- Utah Labor Commission, UALD employment discrimination
- 42 U.S.C. 12112, ADA medical examinations and inquiries
- 29 CFR 1635.8, GINA: acquisition of genetic information (eCFR)
- Utah Code 34-52-301, expunged records in hiring
About the author: Josh Henderson is the founder of Denali HR, a Sandy, Utah PEO that provides payroll services, employee benefits administration, HR support and risk management for small and mid-sized businesses. Founded in 2019, Denali HR focuses on personalized HR support without the complexity of large PEO providers.
