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But did you know there are some questions that are illegal for employers to ask you? For example, itâs illegal to ask any questions related to protected classes, says Charles A. Krugel, an HR attorney. âProtected classes typically include race, gender, nationality, religion, military status and age (40 and up). Usually, such questions are intended to identify those class members.
A public employer may require an employee to answer questions in an internal agency investigation if the employee is told that no answers will be used to prosecute the employee. Workers in the private sector do not have these Garrity rights since the Fifth Amendment applies only to the government, not private actors.