Interviewing 101: conduct a safe, legal interview--and hire the best candidate for your position.

Employment-related issues have been a legal minefield for employers. Asking the wrong questions during the interview process--or in pre-interview applications--can spell disaster for a company or firm in the form of discrimination lawsuits.

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The key is being aware of these danger areas and focusing on questions and inquiries that relate directly to the job opening and any job-related skills--and help find that perfect fit.

APPLICATION PROCESS

Besides asking for the standard information in an application (name, address, work history, etc.) an application may ask whether the applicant:

* Has specific qualifications required for the job;

* Will require reasonable accommodation to complete the application process;

* Is of legal age to fill the position; and

* Represents that he or she will be able to provide documents to establish his or her legal right to work in the United States by the time he or she starts.

Further, the applicant should sign an authorization allowing the employer to conduct a background investigation.

WHAT NOT TO ASK

This is not an all-inclusive list, but it does provide some guidance on the kinds of questions to stay away from during the interview process.

* It is inappropriate to ask whether or not somebody's original name has been changed or ask them to identify their maiden name;

* It is illegal to ask questions regarding birthplace of an applicant or spouse, birth-place of applicant's parents or to require that an applicant submit their age, birth certificate or baptismal record;

* Employers cannot ask about an applicant's religious affiliation or race;

* Employers cannot ask for photographs with an application; you may ask for photographs after employment;

* Employers cannot ask the age or date or birth of an applicant. Questions such as "Are you over the age of 18" would be acceptable, however, because there are minimum age requirements for certain federal and state statues;

* Employers may not ask about specific years of attendance or graduation from high school or elementary school because of fear of age discrimination. It is OK to ask for academic, vocational or professional education in the public and private schools attended;

* Any inquiry into whether an applicant is or intends to become a citizen of the United States is inappropriate. All employers can state is, "If hired, can you submit verification of your legal right to work in the United States?"

* Employers may not ask any questions regarding applicant's lineage, ancestry, national origin, parentage or nationality or language commonly used by an applicant in most instances;

* Employers may not ask about workers' compensation history;

* Employers may not ask about an applicant's mother tongue or language commonly used by applicant in applicant's home, or ask any information requesting names and addresses of relatives of the applicant unless they are names of relatives that are employed by the employer;

* Employers may not ask about the specifics regarding an applicant's military experience other than the U.S. Armed Forces, National Guard or Reserve Units, draft classification or other eligibility, and dates and conditions of discharge.

In other words, you may only ask applicants about any relevant training received in the U.S. Armed Forces, whether separation from the military was for any reason other than honorable discharge, and whether the applicant has received any notice to report for duty in the Armed Services;

* Employers may not ask questions regarding clubs, societies, lodges and organizations to which the applicant belongs which might indicate race, religion, etc. You may ask an applicant about any membership in a union or professional or trade organization unless the membership indicates one's race, religion, ancestry, sex or age;

* It is discriminatory to ask about any marital status of an applicant or dependents of an applicant; whether the applicant has made provisions for child care; whether the applicant is pregnant or uses birth control; whether the applicant lives with his or her parents; the applicant's maiden name; the name of a spouse or children; or child support obligations;

* Employers may not ask an address of a "relative" to be notified in case of an accident or emergency. You may ask the name and address of a "person" to be notified in case of an emergency without asking the relationship to the person; and

* Employers may not inquire about the existence, nature or severity of a physical/mental condition or disability, or make an inquiry that is likely to elicit information about a disability or workers' compensation history. You can ask an applicant whether or not they can perform the essential functions of the job with or without reasonable accommodation, and whether an individual can meet the job's attendance requirements. Under limited circumstances, when the person appears to have an obvious disability, you may ask what kind of accommodations would be necessary.

OTHER ASPECTS: TESTING/EXAMINATIONS

An employer may only require a medical examination after the job offer has been made and before the applicant starts work. A job offer may only be conditioned upon a successful medical examination if all applicants in a particular job category are tested.

Drug tests: Pre-employment drug testing is allowed under federal and state law. However, such tests have to be conducted fairly and pursuant to applicable rules and procedures. If an applicant tests positive for an illegal drug, an employer is allowed under the Americans with Disabilities Act to ask the applicant about legal medications used to determine whether the test results were accurate.

Psychological tests: An employer has to be very careful if it decides to give psychological tests to applicants. The test questions must be job related and there must be a compelling interest on behalf of the employer to give the tests. Psychological testing is subject to breach of privacy claims and can be considered medical tests under the ADA.

Skills tests: Although such tests are permissible, the tests must be validated in accordance with EEOC/California Department of Fair Employment and Housing Guidelines to help protect against adverse impact claims.

Polygraph tests: Generally prohibited.

BE CAREFUL OUT THERE

The above guidelines are a good foundation to build solid hiring practices at your firm, but be wary of the constant changes to state and federal employment laws and make sure your policies are able to adapt as needed.

Also keep in mind that operating within the law is only half the battle. Marketing your firm and tailoring your search to find the right candidate for a specific opening is just as important and will facilitate the development of the productive and positive office culture you're looking for.

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WantMore?

Keeping current with every aspect of employment law and human resources best practices can be a challenge since state and federal laws change annually. In November, the California CPA Education Foundation is producing an Employment Practices conference in San Francisco and Burbank that can help keep you updated. More information is available at www.education-foundation.org/conferences/.

Other resources include the California Chamber of Commerce's HR California site at www.calchamber.com/HRC/Topics/ and the Society for Human Resource Management at www.shrm.org.