With more than 8 percent of the nation’s workforce out of work, you’re probably finding a lot more résumés on your desk (or online as a website, or as a video burned to DVD).  As a recruiter or hiring manager, it can be a daunting task to find the best person for the job in such a large pool of applicants.

Fortunately, part of the work is done for you.  A strong candidate already knows how to stand out from the pool through solid company research and intelligent interview questions.  And you should be standing out the same way, by researching the candidate and asking intelligent interview questions.  After all, you want to find the perfect fit, and with so many candidates to choose from, you may need to ask more interview questions than usual.  While you reach for those extra questions, bear in mind illegal inquiries that could get your company in hot water.

Don’t add a discrimination claim to an already stressful screening process.  Use caution when approaching off-limits topics by remembering the acronym HARMM:

Health and Physical Fitness.  Most all topics relating to a candidate’s health and physical fitness are off limits.  You can’t ask about personal habits such as drinking, smoking, or prescription drug use.  Similarly, you can’t ask about a candidate’s personal health, such as disabilities, illnesses past or present, sick leave taken, or even height and weight.  Stick to the facts necessary to perform the job duties and ask, “With or without reasonable accommodation, are you able to perform the essential functions of this job?”

Age.  As most recruiters know, you shouldn’t ask how old a candidate is, whether you’re concerned that candidate is too old or too young to fill the position.  In the same vein, you shouldn’t ask questions that could open a case for ageism, such as how long a candidate plans to work before retiring.  Instead, you can ask about a candidate’s long-term career goals.

Race and Nationality.  It is illegal to ask if a candidate is a U.S. citizen or speaks English as a first language.  Of course, the answers to both those questions are likely important to choosing the right person for the job, so instead, ask if a candidate is legally authorized to work in the country.  You may also ask what languages a candidate fluently speaks.

Marriage and Family.  You can’t ask about a candidate’s marital or family status or homelife.  Likewise, you can’t ask if a candidate intends to get married or have children.  You also can’t ask a female candidate if she intends to become pregnant or whether she would come back from maternity leave after giving birth.  Even something potentially harmless, such as asking about a woman’s hyphenated last name, could lead to trouble.  If you’re concerned a candidate’s family obligations may take him or her away from the job, focus your questions on the facts.  If a position requires overtime or travel, especially at short notice, ask if this will be a problem.

Miscellaneous Topics.  Seemingly basic, even conversational, questions sometimes pose the biggest threat because they seem so innocuous.  You are not allowed to ask if a candidate lives nearby or has a long commute.  Instead, try asking if the candidate is willing to relocate for the position and is able to work within the designated business hours.  You also can’t ask about a candidate’s general criminal history, but if your company performs background checks, you can alert the candidate that this includes criminal, civil, and DMV records.  This gives the candidate an opportunity to disclose any information that may be relevant.  The same holds true for post-offer drug tests.  It is always best to alert the candidate that these investigations are part of the usual hiring process.

Although this list covers a wide range of topics, it is by no means exhaustive.  As a good rule of thumb when conducting interviews, stick to the facts: job functions, past work experience, and future career plans.  Phrase every question in a way that relates to those facts and you’ll find the right person for the job without ending up in legal trouble.

The talent acquisition experts at YES! Your Human Resources Solution can help your company fill its ranks with the highest quality talent available.  To help you attract and maintain the best candidates, our professional staff will review your company’s sourcing and selection practices.  We’ll devise a personalized recruitment strategy that fits with your business needs and is aligned with your company’s goals and objectives.  We can even expand or focus your candidate pool using diverse and innovative sources.  Let us put our 20 years of experience to work for you.  For more information about how YES! can help you acquire top-notch talent, visit our website or contact us for a free consultation.