The interview questions employers shouldn’t ask you

Employers use interviews to see how well you might fit into a role and a company, and it’s your chance to show off your skills, experience, and personality. But before you go for an interview, it’s important to know that you’re not required to answer questions that are personal, sensitive, or unrelated to the job. 

Here’s what’s a fair ask, what’s not, and where Malaysian law stands on the issue. 

What’s legal and what’s not in Malaysia 

Malaysia doesn’t have a law that makes it illegal to ask certain questions, but there is guidance to help make sure interviews are fair and your personal information is protected, says Alwin Rajasurya, Advocate and Solicitor and Principal at Messrs Alwin Rajasurya. 

“Article 8 of the Federal Constitution prohibits discrimination based on religion, race, descent, place of birth, or gender. So questions that aren’t related to the job, like your religion or family situation, could be considered discriminatory,” Alwin adds. 

The Personal Data Protection Act (PDPA) 2010 also applies when employers request personal information, including payslips, photos, and health details. “Employers must have a clear reason for asking and get your consent before collecting or using personal data,” he says. 

Can an employer ask you for a previous payslip? 

Under the PDPA 2010, your payslip counts as personal data because it includes private financial details like your salary, deductions, and tax contributions. 

“An employer can only request your payslip if you’ve given written consent, and that consent should be voluntary,” Alwin says.  If you don’t feel comfortable sharing this information, you are not obliged to consent. 

Can an employer ask for a photo as part of your application? 

There’s no law in Malaysia that forbids employers from asking for a photo, so they may technically do so, but it must never be used as a basis for discrimination. 

Alwin explains that since photos are considered personal data, the PDPA requires employers to obtain consent and ensure the information collected is directly relevant and necessary for a specific purpose. 

Photos should only be requested when genuinely required, for example, in customer-facing roles such as brand ambassadors, models, or actors, where appearance is an integral part of the job. If it’s ‘just so we can see how you look,’ it could go against the PDPA’s rule to collect only what is necessary. 

What’s acceptable to ask during an interview 

Interviews are meant to help employers figure out if you’re the right fit for a role, so questions should relate directly to your ability to perform the job. 

“Questions about your experience, skills, and qualifications are absolutely fine,” Alwin says. “Employers can also ask about things like your availability for travel, shift work, or salary expectations, as long as it’s relevant to the role.” 

Some topics that are reasonable to ask questions around include: 

• Your work experience, skills, and qualifications 
• Your ability to travel or work shifts if required for the role 
• Your expected salary 
• Broader related topics such as your motivation for the role, what you know about the company, or your career goals 

“These questions focus on your capabilities and goals. That’s what interviews should really be about,” Alwin adds. 

Questions employers should avoid 

While Malaysia doesn’t have an official list of illegal interview questions, certain topics are considered off-limits because they’re too personal or could lead to discrimination. 

Employers should avoid asking about: 

• Your race or ethnicity (unless relevant to the job) 
• Your religion or religious practices (unless the role genuinely requires specific practices) 
• Your marital status or family plans 
• Your sexual orientation or gender identity 
• Any disability or health condition that doesn’t affect your ability to do the job 

“These kinds of questions don’t tell an employer anything about how well you can perform,” Alwin says. Answering them could expose you to bias, even unintentionally. 

Exceptions 

Sometimes a question that sounds personal may still be reasonable if it’s directly related to the job. For example, if you’re applying for a warehouse role that involves heavy lifting, it’s fair for an employer to ask whether you have any physical conditions that could affect your ability to perform the work. 

Alwin explains the key is relevance: “The question must clearly connect to your ability to do the job safely and effectively.” 

What to do if you’re asked an inappropriate question 

If you’re caught off guard by a question that feels too personal, it’s perfectly fine to politely respond with, ‘Could you clarify how that relates to the role?’ 

This keeps the conversation professional while giving the interviewer a chance to reconsider. It also helps you steer the discussion back to your strengths and qualifications. 

Remember, you’re under no obligation to answer personal or sensitive questions that aren’t connected to the job. Knowing your rights helps you stay confident and in control during interviews. 

The bottom line 

Ultimately, interview questions should focus on your skills, experience, and suitability for the role, rather than your background, family life, or personal details. 

As Alwin puts it, “A fair interview is about what you can bring to the job, not who you are outside of it.” 

For more information, you can refer to the Ministry of Human Resources Malaysia or the Malaysian Employers Federation (MEF). 

Messrs Alwin Rajasurya is a law firm whose primary area of practice includes employment and industrial relations law in Malaysia. The contents herein are provided for general informational purposes only and do not constitute legal advice.  

Jobstreet provides no warranty as to its accuracy, reliability or completeness. Before taking any course of action related to this article you should make your own inquiries and seek independent advice (including the appropriate legal advice) on whether it is suitable for your circumstances.