Help me hire a lawyer

[Oakminster]

As I’ve posted before, I recently took over as Managing Attorney for my office. I need to fill the staff attorney slot, and I’ve got 6 candidates to interview next week. I’m new to management, and I’m looking for help with the interview process. I need to know what questions I’m not allowed to ask. I’m pretty sure I can’t ask about family status or health issues beyond the things really necessary for the job–like the ability to travel to outlying counties. Other than that, I’m not so sure. Seems like I almost remember a longer list of things to avoid. Last thing I want to do is get my employer sued because I asked a question I’m not supposed to ask…

[fluiddruid]

As a (former) interviewer, though not of lawyers, I was trained to shy away from the following.

Don’t ask about:

• Religion
• Age
• Disability
• Medical issues
• Pregnancy

You CAN ask “are you able to travel…”, “are you able to lift xx amount”, but it should always be focused on the task itself. If the employee volunteers information, fine, but don’t ask for more information. You should also not ask if they can drive, or that sort of thing unless it directly is required of the job; instead, ask “do you have reliable transportation for [xxx times and days]”.

[Gfactor]

What are permissible and impermissible interview questions?

In the interview process, examples of impermissible questions include: What is your maiden name; how old are you; what year were you born; do you have children, and/or how old are they; what country do you have citizenship in; when did you receive U.S. citizenship; what is your native language/ancestry; what race are you; could you provide a photo; what country do your parents come from; what church do you attend; do you have childcare arrangements; do you have a disability; have you been tested for HIV; have you been in the military; or have you ever been arrested.

http://www.quizlaw.com/hremployment_law/what_are_permissible_and_imper.php

HR Solutions – BLR (slightly different list)

Your state department of labor may have a more relevant list.

[Gfactor]

As I’m sure you are aware, my previous post was not legal advice; I’m not your lawyer; you aren’t my client. . . Fax mentis incendium gloria cultum, et cetera, et cetera… *Memo bis punitor delicatum! *

[M.Meursault]

@Oakminster

As I’ve posted before, I recently took over as Managing Attorney for my office. I need to fill the staff attorney slot, and I’ve got 6 candidates to interview next week. I’m new to management, and I’m looking for help with the interview process. I need to know what questions I’m not allowed to ask. I’m pretty sure I can’t ask about family status or health issues beyond the things really necessary for the job–like the ability to travel to outlying counties. Other than that, I’m not so sure. Seems like I almost remember a longer list of things to avoid. Last thing I want to do is get my employer sued because I asked a question I’m not supposed to ask…

Well, I’m a 2L looking for a job for next summer…

Does that help?

I did some human resources work for a prosecutor’s office last summer and what GFactor and Fluiddruid is correct, but you’ll definitely, definitely, definitely want to check your state’s labor laws. Some states afford more protection for workers than others.

[Oakminster]

Thanks for the info. Kinda confused now, though–why would “have you ever been arrested” be an impermissable question? Not that it’s something I’d be asking for this job anyway–the candidate is either in good standing with the bar, or not.

Driving is a definite requirement for this gig. We serve a rural area with multiple counties, and attorneys will be going to Court all over the place. Otherwise, I don’t see any real surprises listed thus far–age/race/religion are all irrelevant. Disability is only relevant if it would interfere with the ability to go to court/try cases. Pregnancy would be a bummer, but most likely the candidate would only be out 6-8 weeks for something like that.

I plan to focus on those things most important to the program–legal experience, willingness to work in challenging conditions, client relations, that sort of thing.

[Oakminster]

@M. Meursault

Well, I’m a 2L looking for a job for next summer…

Does that help?

Afraid I need a licensed attorney for this gig, sorry. It will be a full time position, with decent benefits, and we’re asking for at least a two year commitment from the person we hire.

[kurilla]

@Oakminster

Thanks for the info. Kinda confused now, though–why would “have you ever been arrested” be an impermissable question? Not that it’s something I’d be asking for this job anyway–the candidate is either in good standing with the bar, or not.

I believe (others will probably correct me) that “Have you ever been convicted of an offense other than a minor traffic violation” is permissible. “Have you ever been arrested” is not because not everyone arrested is convicted.

[Gfactor]

@Oakminster

Thanks for the info. Kinda confused now, though–why would “have you ever been arrested” be an impermissable question?

There’s some variation between states on this. Many states prohibit discrimination based on arrests that did not lead to conviction, unless it is a bona fide occupational qualification.

*E.g., * http://www.dcejc.org/app/docs/crim_recs_practitioner_manual[1].pdf

http://www.mass.gov/mcad/crimrec.html

http://dwd.wisconsin.gov/er/discrimination_civil_rights/publication_erd_7609_p.htm#4.
Using arrest without conviction as an employment criteria can also result in liability for disparate-impact racial discrimination claims.

Arrest & Conviction Records - Using arrest or conviction records as an absolute bar to employment disproportionately excludes certain racial groups. Therefore, such records should not be used in this manner unless there is a business need for their use.

Whether there is a business need to exclude persons with conviction records from particular jobs depends on the nature of the job, the nature and seriousness of the offense, and the length of time since the conviction and/or incarceration.

Unlike a conviction, an arrest is not reliable evidence that an applicant has committed a crime. Thus, an exclusion based on an arrest record is only justified if it appears not only that the conduct is job-related and relatively recent but also that the applicant or employee actually engaged in the conduct for which (s)he was arrested.

Questions and Answers about Race and Color Discrimination in Employment | U.S. Equal Employment Opportunity Commission (Emphasis added.)

http://www.mbf-law.com/resources/publications/1874.pdf

Still not legal advice. Not your lawyer.

[ENugent]

For what it’s worth, my understanding is that in general, what is illegal is not asking about age, disability, marital status, etc., but using those as hiring criteria. The reason not to ask about them is an issue of proof, not because the questions themselves are verboten. Of course, a court can presume that you wouldn’t ask about anything that you’re not planning to use in hiring… But if you’re having a pleasant chat with an interviewee about things to do in the area, and you mention that your wife enjoys thus-and-so and he responds that his wife is interested in this-and-that, you haven’t done anything wrong as long as you don’t use the fact that he’s married as a hiring criterion, positive or negative.

Pregnancy would be a bummer, but most likely the candidate would only be out 6-8 weeks for something like that.

You’re probably too small a shop for the FMLA to apply (guarantees 12 weeks, may be unpaid), but you may want to check your state laws on this if it comes up. I suspect that 6-8 weeks is on the low side. At the very least, you should be familiar with your own employee manual in case a candidate asks about maternity leave.

[Gfactor]

@ENugent

For what it’s worth, my understanding is that in general, what is illegal is not asking about age, disability, marital status, etc., but using those as hiring criteria. The reason not to ask about them is an issue of proof, not because the questions themselves are verboten. Of course, a court can presume that you wouldn’t ask about anything that you’re not planning to use in hiring… But if you’re having a pleasant chat with an interviewee about things to do in the area, and you mention that your wife enjoys thus-and-so and he responds that his wife is interested in this-and-that, you haven’t done anything wrong as long as you don’t use the fact that he’s married as a hiring criterion, positive or negative.

Another area upon which state laws vary. Some state laws do prohibit asking some kinds of questions. Generally though, the issue is whether you based an employment decision on the answer.

I’d expect your state bar or some third party to sell an employment law deskbook (like this one: http://www.icle.org/store/book.cfm?PRODUCT_CODE=2005555321 ) A book like that will have good lists of prohibited inquiries. Most don’t even cost that much.

Still not legal advice.

[zamboniracer]

IAAL but not a labor lawyer. Because the job requires driving you might be able to ask if the candidate has a driver’s license AND a reliable car with insurance. Just to be on the safe side.

[Oakminster]

More great info above. Thanks, Dopers! I’ll be hitting those links and reading up on stuff over the weekend.

[glee]

Why not hire a lawyer?
They’d know what questions to ask. :eek:

[Caffeine.addict]

I assume that you are asking for some references, correct? Are you asking for transcripts and all that jazz? Ask them if they are a member of a local bar association.

Talk to them about their experience in handling a large and varied case load.

Just out of curiousity, how big an area are we talking about. You mentioned rural and several counties.

[Oakminster]

I really don’t care about transcripts. The law review/top 10% of the class crowd would likely laugh at the salary we can offer. On the plus side, the person I hire will be going to court almost immediately. None of that brief writing/research or carrying the partners briefcase crap. As long as the person has a license, it’s all good. I’ll check references on the top contenders after the interview. This is an entry level gig, and most of the candidates have 0-2 years of experience. The office serves a 10 county area, but is centrally located so we rarely have to drive more than 90 minutes one-way.

[Tim_T-Bonham.net]

[QUOTE=OakminsterI plan to focus on those things most important to the program–legal experience, willingness to work in challenging conditions, client relations, that sort of thing.[/QUOTE]
That’s by far the best way to stay out of trouble – focus on what the job requires, and ask about that.

And relate your questions to the job. Say “we appear in court in 10 counties in the area. We pay milage, but you have to have a license, insurance, and drive your own vehicle to these courthouses – would you be able to do that?”

But even that, and your flat statement that “Driving is a definite requirement” is discriminatory toward blind or disabled people who can’t drive. Your actual requirement is that they be able to appear in court at these 10 different counties as scheduled. Many disabled people can make arrangements via transit services, or may have arrangements with a personal driver. A better way to phrase this question would be “we appear in court in 10 counties in the area. You would have to arrange your own transportation to and from these courthouses as scheduled – would you be able to do that?”

[FRDE]

Well I would guess, ask a lawyer

• and you have six of those coming in to chat on a pro bono basis

Ask them

• but for best results pre-warn them
• unless the job you are trying to fill requires a slick convincing b/llshitter who can improvise.

[Tim_T-Bonham.net]

@FRDE

• unless the job you are trying to fill requires a slick convincing b/llshitter who can improvise.

Well, duh! It’s a lawyer* being hired, right?