🇺🇸 US

What should you do if an interview feels unfair or discriminatory?

GlobalPublished 6 October 2026 · Written by BuyMeWhiskey Editorial Team · How we check facts

If an interview feels unfair, separate ordinary poor interviewing from treatment linked to a protected characteristic or an immigration/work-rights issue. Record what happened, keep the advert and correspondence, ask for feedback where appropriate, and use the relevant UK, US or immigration complaint route.

Next question: Why do recruiters ask what salary you currently earn? →

Write down the facts while they are fresh and compare the interview against the job advert and the recruitment rules that apply in your country.

Read Acas recruitment discrimination guidance

A bad interview is not automatically unlawful

An interviewer can be rude, disorganised, dismissive or simply poor at interviewing without breaking discrimination law. The legal question is whether a decision or treatment was linked to a protected characteristic or another protected right. Acas says employers must follow discrimination law when advertising, interviewing and deciding who to hire.

In the US, the EEOC similarly protects job applicants from discrimination based on characteristics covered by federal law. The key distinction is evidence: a strange or unpleasant question is worth recording, but one awkward moment does not by itself prove an unlawful decision.

Record the facts, not your theory

Write down the date, job title, interview stage, who was present, the wording you remember, what you answered, and anything that happened afterwards. Keep the job advert, application, interview invitation, emails, assessment instructions and any feedback.

That record helps in two ways. First, it stops memory becoming distorted. Second, it lets you compare what was said with what the role actually required. A question about your ability to work a shift can be relevant. A question about a protected characteristic may need a specific legal justification or may be improper.

UK recruitment and discrimination

Acas says the protected characteristics under UK discrimination law include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The rules apply during recruitment, not just after someone has been hired.

Acas also explains that disability questions during recruitment are restricted, with exceptions such as assessing reasonable adjustments or certain legally defined circumstances. Employers must make reasonable adjustments for disabled applicants, which can include accessible interview arrangements.

GOV.UK says recruitment is among the workplace activities protected from discrimination. If an applicant believes they have been discriminated against, the evidence and timing matter, and specialist employment advice may be needed.

US recruitment and discrimination

The EEOC says it is illegal for an employer to discriminate against an applicant because of race, color, religion, sex, national origin, age 40 or older, disability or genetic information under the federal laws it enforces. It also says that pre-employment information should be limited to what is needed to determine whether an applicant is qualified.

Disability questions have especially specific rules. The EEOC says employers generally cannot ask disability-related questions or require medical examinations before a conditional job offer, although there are limited exceptions related to accommodation and job functions.

What about strange screening questions?

Not every odd question is discriminatory. Asking candidates to include a specific word in an application can be a legitimate attention-to-detail test. Asking about video-game experience may also be legitimate if it measures a genuine job-related skill. The problem is when the test is unrelated to the work, applied inconsistently, or used as a disguised proxy for a protected characteristic.

Acas advises employers to use the information they tell applicants they will use. In the US, EEOC guidance likewise warns about employment tests that are not necessary and job-related or that create discriminatory exclusion.

What about changing jobs on an EU Blue Card?

An EU Blue Card is an immigration status, not a general employment contract right. The rules for changing employers can depend on the member state that issued the card and the national procedure that applies. Do not assume a rule from one country applies automatically to Germany, Greece or another state.

If your concern is really that an employer is using your immigration status to pressure you, separate that issue from the interview complaint. Keep records of what was promised about sponsorship, salary, location and start dates, and check the immigration authority's rules for your specific country.

What to do after an unfair interview

Write down the facts and preserve documents.
Ask for constructive feedback if you feel safe doing so.
If the issue may involve discrimination, compare the treatment with the protected-characteristic rules that apply.
Use Acas or the relevant employment adviser in the UK; use the EEOC or state-level route in the US when appropriate.
If immigration status is involved, check the issuing country's immigration rules separately.

Worked example

Illustrative example: suppose an applicant attends an interview for an office role. The interview begins normally, but the interviewer spends part of the session asking about a disability that was not relevant to the advertised duties and then makes a comment about whether the applicant can “handle normal pressure”.

The applicant should not jump straight to a legal conclusion. Instead, they can record the exact questions, save the advert, note what the role actually required and keep any follow-up email. In the UK, Acas says disability questions during recruitment are restricted except in specified circumstances and that reasonable adjustments may be required. In the US, the EEOC similarly limits pre-offer disability-related questions. The strongest next step is therefore a factual record followed by the employment-law route that matches the country and circumstances.

Was my interview unfair or was the interviewer just rude?#

Rudeness and poor recruitment practice are not automatically discrimination. The key question is whether you were disadvantaged because of a protected characteristic or another protected right. Keep the facts, advert, correspondence and feedback, then compare what happened with the legal rules for recruitment in the country involved.

Can an interviewer ask about disability?#

There are restrictions. In the UK, Acas says employers generally must not ask a job applicant about health or disability during the application or interview process unless an exception applies, such as arranging reasonable adjustments. In the US, the EEOC also generally restricts pre-offer disability-related questions, with limited exceptions.

It can create discrimination risk. Acas gives examples such as “recent graduate” or “highly experienced” because they can disadvantage people because of age unless the requirement can be justified. The safer approach is to describe the skills and experience actually needed for the job rather than using age-coded wording.

Can an employer make me do a weird word test?#

A quirky screening test is not automatically unlawful. It is more defensible when it measures something genuinely relevant, such as attention to detail, and is applied consistently. If the test is unrelated to the role or disproportionately screens out people because of a protected characteristic, it can create a discrimination issue.

What should I do after a discriminatory interview?#

Write down what happened while the details are fresh and keep the application materials, advert and emails. Ask for feedback if appropriate. In the UK, Acas can explain recruitment-discrimination rules. In the US, the EEOC covers federal employment discrimination. Specialist advice is sensible when the issue could affect a formal claim.

Can an employer reject me because I need a reasonable adjustment?#

Not simply because you need an adjustment. UK law requires reasonable adjustments for disabled applicants, and Acas gives interview accessibility as an example. US federal disability law also requires reasonable accommodation for qualified applicants in covered situations. The exact duty depends on the legal regime and the nature of the adjustment.

Can I change jobs after six months on an EU Blue Card?#

Do not rely on a universal six-month rule. An EU Blue Card is subject to the national rules of the member state that issued it, and employer-change procedures can differ by country and permit conditions. Check the issuing authority before resigning, especially if the new job changes salary, occupation or location.

Keep reading

Next question →Why do recruiters ask what salary you currently earn?

Sources

Figures were checked against these sources before publication. If a rule changes, we update the page and show the new date.

General information, not personal financial advice. Rules depend on your circumstances; check the official source or speak to a regulated adviser before acting.