Interviews are high-stakes moments — and sometimes employers ask questions that cross legal lines. Knowing which questions are unlawful in South Africa, why they’re problematic, and how to respond can protect your rights and keep your candidacy on track. This guide (for candidates preparing for interviews in SA) explains red flags, offers ready-made responses, and outlines next steps if you face discrimination.
Why this matters: legal framework and candidate rights
South African employment law and the Constitution protect candidates from unfair discrimination. Key legislation includes:
- Constitution of the Republic of South Africa, section 9 (equality)
- Employment Equity Act (EEA) 55 of 1998
- Labour Relations Act (LRA) 66 of 1995
- Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) 4 of 2000
- Protection of Personal Information Act (POPIA) 4 of 2013 (data handling)
These laws mean employers must avoid questions that are not job-related and that target protected characteristics (race, sex, pregnancy, marital status, family responsibility, disability, religion, age, sexual orientation, etc.). Some employer checks — like criminal, qualification or SAQA verification — are lawful with consent and for legitimate job reasons.
For practical prep on EEA implications and what employers can and cannot ask, see: Interview Preparation South Africa: What Candidates Need to Know About the Employment Equity Act and Hiring.
Common unlawful interview questions (and why they’re a red flag)
Below are typical unlawful or risky questions you may encounter and their problems.
- “How old are you?” — Age discrimination unless age is a genuine occupational requirement.
- “Are you pregnant or planning to have children?” — Targets pregnancy/family status; discriminatory.
- “What is your race?” (unless for voluntary EEA monitoring) — Sensitive; must be handled with consent and purpose.
- “Do you have a disability?” — Disability-related questions are only lawful if directly job-related and with reasonable accommodation considerations.
- “What religion do you practice?” — May lead to unfair discrimination.
- “Are you a citizen?” / “Do you have a work permit?” — You may be asked about legal right to work, but employers should not probe nationality beyond verifying work authorization; foreign applicants should consult: Work Visas and Documentation for Foreign Applicants to South Africa: Interview Stage Requirements.
- “Have you ever been arrested?” — Questions about arrests (not convictions) risk unfairness; conviction checks are lawful when job-related and with consent.
- “What is your sexual orientation?” — Protected; irrelevant to job performance.
For more on how criminal, credit and reference checks are handled lawfully, see: Criminal, Reference and Credit Checks in SA Hiring: Rights, Process and How to Respond.
Quick reference: unlawful vs lawful interview matters
| Question type | Likely lawful? | When it may be lawful | Safe candidate response |
|---|---|---|---|
| Age, marital status, pregnancy | No | Only if genuine occupational requirement (rare) | “I’d prefer to focus on my experience and how I meet the role’s requirements.” |
| Race/ethnicity | No (unless voluntary for EEA monitoring) | Voluntary demographic data for EEA reporting with consent | “I’m happy to discuss my qualifications and experience. If this is for EEA reporting, please confirm it’s voluntary.” |
| Disability | No | If directly job-related and reasonable accommodation discussed | “I can perform the essential duties; I’m happy to discuss reasonable accommodations if needed.” |
| Criminal convictions | Sometimes | If relevant to role and processed with consent and POPIA compliance | “I consent to a background check; can you confirm what will be checked and how my data is processed?” |
| Work authorization | Yes (limited) | Employer may verify legal right to work | “Yes — I have the right to work in SA / I am applying for or hold a valid permit.” |
How to respond safely in the interview — scripts and techniques
Use neutral, professional language to deflect unlawful probes and keep the conversation job-focused.
- If asked about age/family/pregnancy:
- “I prefer to focus on how my skills and experience match this role. Can I tell you about my recent project that’s relevant to this job?”
- If asked about race or ethnicity:
- “I’m happy to discuss my qualifications. If this question is for EEA reporting, please confirm it’s voluntary and how the data will be used.”
- If asked about disability:
- “I can perform the essential functions. If you require a medical assessment, I expect that will be job-related, confidential and only requested at the appropriate stage.”
- If asked about convictions or credit history:
- “I understand background checks are common. Could you please confirm what checks you conduct and whether my consent is required in writing?”
For guidance on how to disclose sensitive topics without jeopardising your candidacy, consult: How to Disclose Sensitive Information During SA Interviews Without Jeopardising Your Candidacy.
Practical steps if you’re asked unlawful questions
- Stay calm and redirect — Keep answers short and steer back to skills/experience.
- Ask for clarity — “Could you clarify how this relates to the job’s requirements?”
- Document — Note the question, interviewer name, date/time, and any witnesses.
- Follow up in writing — Email HR asking for confirmation of the question and the company’s data handling (POPIA obligations).
- Seek advice or file a complaint:
- Raise it internally (HR or hiring manager).
- Lodge a complaint with the Department of Employment and Labour or the CCMA.
- Contact the South African Human Rights Commission (SAHRC) for discrimination matters.
- Get legal advice if necessary.
For specifics on data rights and what employers may request, review: POPIA for Job Seekers: How South African Employers Handle Your Data and What You Can Request.
Candidate checklist before interviews
- Prepare concise scripts for deflection and disclosure.
- Bring certified copies of qualifications or be ready for SAQA checks: SAQA Verification and Qualification Checks: How to Prepare and Speed Up Your Background Screening.
- Understand what background checks are common for your industry; see: What Recruiters Look for in Background Checks: Common Issues and How South African Candidates Can Preempt Them.
- Know your rights about medical assessments: Preparing for Medical and Fitness Assessments Required by Some South African Employers.
- If you’re a foreign national, confirm documentation requirements in advance: Work Visas and Documentation for Foreign Applicants to South Africa: Interview Stage Requirements.
Final tips: preserve evidence, stay professional, and prioritise fit
- Preserve evidence: screenshots, notes, emails.
- Stay professional: polite deflection is usually enough; escalate only if necessary.
- Know when to walk away: An employer who repeatedly asks unlawful questions may not be an inclusive workplace.
If you want tailored scripts for specific questions or a checklist customized to your role (e.g., finance, healthcare, or tech), tell me the job type and I’ll draft targeted responses and a printable interview prep sheet.