The Department of Education has promulgated some of the following as proper interviewing techniques, which could be used as a guide to most employers in their interviewing processes:
Do not ask the candidate’s age or birth date.
Do not ask the candidate to produce documents that contains his/her age (e.g., birth certificate, passport, driver’s license).
Do not ask the candidate about his/her capacity to reproduce, or advocate any form of birth control or family planning.
Do not ask the candidate whether s/he is planning to have children soon.
Do not ask the candidate of what country s/he is a citizen.
Do not ask the candidate when s/he acquired citizenship in this country.
Do not ask the candidate to produce naturalization papers.
You may ask whether the candidate is a United States citizen or whether s/he has the legal right to remain in the United States.
Classes of Individuals
Do not ask about actual or perceived age, race, religion, creed, color, national origin, alienage, citizenship status, disability, sex, sexual orientation, or marital status.
Do not ask about the candidate’s relationship with an individual in any of the above classes.
Do not ask whether the candidate has been arrested.
While it is legally permissible to ask whether a candidate has been convicted of a crime or about an arrest that is pending, do not ask these questions during the interviews, as they are covered in the fingerprint/background check process.
Do not ask the candidate if s/he is disabled.
Do not ask the candidate if s/he has been treated for certain diseases, either physical or mental.
Do not ask the candidate whether s/he has had a drug or alcohol problem.
You may ask the candidate about his/her education (including whether s/he graduated) and which schools s/he attended.
Do not ask dates of attendance or date of graduation.
Do not ask the candidate what his/her native language is or how s/he acquired the ability to read, write, or speak a language other than English.
You may ask the candidate what languages s/he speaks and writes, if it is relevant to the position.
Do not ask the candidate whether s/he is married, single, divorced, or separated.
Do not ask a female candidate whether she would prefer to be called Ms., Mrs., or Miss.
Do not ask the candidate to submit a photograph in order to be considered for the position.
Do not ask any questions about the candidate’s race or color.
Do not inquire into the candidate’s religious denomination or affiliations, parish, church, synagogue, or religious holidays observed.
Do not ask the candidate to forego any religious practice (including any aspect of the candidate’s appearance) as a condition for employment with the New York City Department of Education.
Do not ask the candidate’s sex.
You may ask the candidate about his/her work experience.