1. HR ISSUES FOR LAW FIRMS
Jaclyn Kugell, Esq.
Morgan, Brown & Joy, LLP
200 State Street
Boston, MA
(617)

2. What Can You Ask??
1. You are interviewing Able for a job as an Administrative Assistant. When Able reports for the interview you notice he has an artificial hand. What, if anything, can you ask Able about his hand?
 2. You are interviewing Betty for a job as a Receptionist. Good attendance is a must because only the Receptionist is available to answer the telephone. During the interview Betty reveals that she is five (5) months pregnant. What, if any, questions can you ask Betty about her pregnancy, maternity leave and/or her intention to work after the baby comes?
 3. You are interviewing Carl to be a Paralegal. Generally the firm requires employees to submit to a criminal record check and a drug test before commencing employment. Carl, however, explains that he really is desperate for money and would like to start work immediately. Carl doesn’t seem like a criminal or someone who has a drug problem. What do you say?
 4. You are interviewing Delia for an intake specialist. When Delia introduces herself you notice that she has an accent and wonder if clients will be able to understand her. What do you say?

3. Protected Characteristics and Interview Guidelines
Age
Disability
Gender/Pregnancy/
Pregnancy Related Conditions
Sexual Orientation
Religion
Gender Identity and Expression
National Origin/Ancestry
Military Status
Race/Color
Genetic Information

4. REASONABLE ACCOMMODATION KNOW-HOW
Issues of reasonable accommodation can come up in the interview and hiring process.
Know what you’re listening for and how to handle it correctly.
Generally, ensure an “interactive dialogue” is conducted before determining a candidate cannot perform the job, with or without reasonable accommodation.
IF AN APPLICANT HAS AN ‘OPEN AND OBVIOUS’ DISABILITY OR DISCLOSES A DISABILITY, THE APPLICANT CAN BE ASKED IF AN ACCOMMODATION IS NEEDED TO PERFORM THE JOB (PRESUMING IT IS THE TYPE OF DISABILITY THAT MAY IMPACT THE APPLICANT’S ABILITY TO PERFORM THE ESSENTIAL FUNCTIONS OF THE JOB).

5. Pay Equity: New Rules Do not ask questions about salary history.
Do not consider salary history.
Compensation is tied to the job.
BE CAREFUL: THIS IS MORE TRICKY THAN YOU MIGHT THINK!

6. Other Questionable Areas of Inquiry; Interview Guidelines
Personal Finance
Criminal Records
Organizational Membership
Domestic Violence
Relatives
Residence

7. Top Ten Things To Know About Employment Law
FMLA
ADA
Discrimination – including pay equity
Retaliation
Hiring Issues
References
Wage and Hour – including indpt. contractor
Personnel Records
Termination
Labor Issues