When the county has an open position, the primary goal of the recruitment and selection process should be to hire a qualified person while avoiding the creation of liability for the county. Generally, the right person for the job is someone who has the necessary skills, who will be a good team member, who has a good work ethic, and who responds well to supervision. With a conscientious approach, it's possible to hire to good people and avoid the pitfalls of illegal discrimination and the false impressions cast by both parties in an interview.

It is a fact that while the county may have no intent to discriminate, the process itself may cause discrimination (disparate impact discrimination), or it may give the appearance of discrimination, which can be just as damaging to the employer in certain claim situations.

The first step in recruitment is to identify the requirements and essential duties for the job. Under a stack of federal and state laws, it is illegal to discriminate against an applicant on the basis of race, color, religion, sex, national origin, age or disability. (There are rare instances where an employer can prove the existence of a bona fide occupational consideration regarding these qualities.)  If the county has a current, well-written set of job descriptions, these are an excellent source for this information (See Personnel Pointers; Winter 1997; Vol. 2, No. 3; "Job Descriptions"). From this information, the job advertisements

Ask questions that relate directly to the requirements for the job and the applicant's ability to perform the essential job functions. Questions that directly or inadvertently reveal a person's status in a protected category should not be asked.

and postings need to be prepared. These should provide potential applicants with a basic understanding of the skills needed and the duties of the job. They may also contain additional information such as benefits, salary, and work schedule. It is important to avoid words or phrases that might indicate an intent to discriminate such as "recent high school graduate preferred" (age) or "good Christian work setting" (religion).

Once prepared, the job advertising needs to be communi-cated broadly enough so that a qualified applicant within the regional workforce can, through a reasonable effort, find out about the opening. Ways to do this include area newspapers, job announcements at the courthouse and on other public bulletin boards, and listing the opening with the Texas Workforce Commission. The potential for claims of disparate impact discrimination is greatly reduced if the job is widely advertised.

Applications may trickle in or they may pile high. It is not necessary to interview all applicants. A quick initial review will reveal those applicants who obviously do not meet the minimum requirements for the job. There is no need to consider them.

The remaining applicants are those who appear to be qualified for the job and they should be considered for interviews. If the number is quite large, interviewing only those applicants who appear to stand out above the rest is acceptable.

For the interviews, select a quiet place away from interruptions and schedule each interview with adequate time to prepare for the meeting, conduct the meeting, and to make notes afterward.

When the interviews start, a few minutes of small talk with each applicant will generally help relax the applicant and get them in a mood to talk. Things like the weather, sports, and current events are good. Avoid controversial subjects and personal questions altogether.

Prior to asking questions about the applicant's qualifications, the job duties and performance expectations should be explained with candor to the applicant. The person who accepts a job knowing all its aspects, both good and bad, has less room for complaint and is more likely to be a long-term employee. (Don't promise a long career -- more on this later).

Determining the candidate's suitability for the job must be done very carefully. Ask questions that relate directly to the requirements for the job and the applicant's ability to perform the essential job functions. Questions that directly or inadvertently reveal a person's status in a protected category should not be asked. Also, under the Americans with Disabilities Act, it is illegal to inquire into an applicant's medical background, including questions about workers' compensation claims. In addition, an interviewer should never ask questions of one category of applicants, such as women or older persons, which are not asked of all applicants. For example, do not ask a woman if she has children to care for, or don't ask an older person about their health or their leave history.

Since the goal of the interview is to determine how well suited an applicant is for a job, don't ask questions that can be answered with a simple yes or no. Open-ended questions will elicit a more useful response. Examples of open-ended questions are:

• How do you feel your prior experience will help you in this job?
• What do you expect from your supervisor?
• What would you have changed about your last job to make it better?
• What did you like most and least about your previous jobs?
• Why do you want to change jobs at this time?

To obtain as much information as possible from an applicant, the applicant needs to do most of the talking. Some of the tricks good interviewers use to accomplish this include nodding or otherwise prompting the candidate to continue talking, such as "go on" or "that's interesting." Rephrasing a candidate's statement into a question should induce a perceptive interviewee into elaboration, or the recruiter can always try the silent treatment in expectation that the candidate will fill the void with more data.

If a specific license, level of education, or certification is required for the position, the interviewer should see specific evidence that the applicant has it. While most people will be honest about such matters, in some situations the county's liability may be increased if an applicant lies about meeting a specific level of requirement and the county fails to verify it with the licensing agency.

While it is a good idea to take notes during an interview to help remember significant details, do so discreetly. It is generally not recommended that interviews be recorded.

Prior to completing the interview, the applicant should be allowed to ask questions about the county, the job, benefits, and any other job related issues. At the close of the interview, the applicant should be told when a decision is expected.

Take care during the interview not to create a property interest in the job for the person who is hired. A potential property interest is usually created by something said in an interview or by something written on the application or other documents given to the applicant. This means that the employee has reason to believe there is some guarantee of duration of employment or that the job cannot be taken away without some form of due process. Phrases such as "Do a good job and you can stay with the county until you retire" or "Employees are only terminated for just cause" can imply that there is some guaranteed level of permanence in the job thus eroding the county's employment at will rights. While Texas is an "employment at will" state, an employer's rights under this doctrine can be greatly eroded where the applicant has reason to believe that a property interest in the job will be created if hired. (See Personnel Pointers; Fall 1996; Vol. 1, No. 3; "Employment At Will -- Or Is It?")

After the applicant leaves, the interviewer needs to take a few minutes to evaluate the applicant while the interview is still fresh. This includes noting the applicants strong and weak points and what effect they would have on the person's ability to do the job. While this evaluation would normally measure objective traits such as skill, experience, and training, some jobs may involve the evaluation of subjective criteria, such as the ability to communicate with the public, to fully determine an applicant's qualifications.  In evaluating an applicant, the interviewer needs to be aware of and avoid non-job-related feelings that can distort the evaluation. These include such things as personal biases or personality traits not related to the person's ability to do the job.

"Do a good job and you can stay with the county until you retire" or "Employees are only terminated for just cause" can imply that there is some guaranteed level of permanence in the job thus eroding the county's employment at will rights.

Before making a final decision, the references of applicants should be checked. In today's climate of lawsuit paranoia, it can be difficult to get honest references from past employers, but a reasonable attempt to do so can reduce the county's liability in some situations. Also, there are often times when a reference check will actually reveal something significant that did not show up in the interview.

When a final selection is made, the basis for the selection should be documented. Be specific. If it becomes necessary to defend the decision at a later date, statements regarding skill, experience, and training are easier to justify than just a scribbled notation that someone was "the best-qualified applicant."