By Thomas D. DeMatteo
Vice President and General Counsel
ABC Companies

When interviewing a prospective job applicant you should only ask questions that reasonably relate to the job in question. You must not ask for information that's not job-related or that might reveal the applicant's "protected status" (see explanation below).
If discriminatory subjects are discussed during an interview, you may have to later show that such information was not used to discriminate. Keep in mind that some apparently innocent "chatting" subjects can be considered improper in an interview situation.
For instance, "You went to XYZ High, too? Perhaps you knew my daughter - when did you graduate?" Or, "Your name is Jane Doe ... are you related to John Doe who works in our corporate office?" Specifically, do not request information from an applicant concerning the following "protected status" areas (especially tricky and innocuous-seeming points are italicized):
* Age or date of birth
* Marital status (including the identity of one's current or former spouse and whether the spouse is an employee of the employer)
* Sex, race, creed, color, religion, national origin or sexual orientation
* Disabilities
* Date and type of military discharge.
Other inappropriate questions include:
* Do you have or intend to have children?
* How many children do you have? How old are they? Who will care for them while you are at work?
* If you become pregnant, will you quit your job?
* Do you use birth control?
* Are you married? What does your spouse think of all this?
* Whom can we contact in case of an emergency?
* Have you tested HIV positive?
* What does your spouse do? Is he/she a union member?
* How does your spouse feel about you making more money than he/she does?
* What year(s) did you graduate from (attend) high school? College?
* How would you feel about taking directives from someone younger than you?
* Have you ever been arrested?
* Have you ever been treated for any of the following diseases or conditions?
* What languages are spoken in your home?
* Do you have a good credit rating? Have your wages ever been garnished?
* Have you ever been treated by a psychologist or psychiatrist? If so, for what condition?
* Have you ever been treated for any mental condition?
* How many days were you absent from work because of illness last year?
* Are you taking any prescribed drugs?
* Have you ever been treated for drug addiction or alcoholism?
You may come upon a situation during an interview when an applicant volunteers some of the information listed above. In that event, acknowledge, but do not pursue further questions regarding this information. Also do not take notes on such information. Although the information may be volunteered, it cannot be used as a basis to or not to hire an applicant.
Here are other important things to remember during an interview:
* Do not make any notations on application forms or resumes. Codes, numbers or shorthand notes especially could be misinterpreted and should be avoided.
* Make no oral or written representations to the candidate regarding prospective employment.
Keep detailed notes during an interview (not on the application itself) to substantiate that representations were not made and to verify subject matter discussed.
Thomas D. DeMatteo also is an adjunct professor of law at Hamline University School of Law in St. Paul, Minn.