Have you had a business-related nightmare lately? Imagine this one: you are sitting at your desk looking over books on your shelf. One book in particular catches your eye - The Federal Reporter. You pull it off the shelf and begin to thumb through it. Summaries of civil cases catch your eye. There are dozens of them - and they all involve illegal interview questions and practices.

For example, in the case of Maureen Barbano, plaintiff, the employer had asked such questions as "Will you be getting pregnant and quit?" and "Does your husband mind if you travel around the country on business with male employees?" After being turned down for the job, she filed suit based on discriminatory hiring questions. She was awarded substantial back pay, prejudgment interest and attorney's fees.

To your horror, you realize that one of your managers, Jack, will be interviewing several female applicants in less than an hour. Jack doesn't always think before he speaks. Will you be the next employer to pay out hundreds of thousands of dollars in back pay, damages and fees?

You can wake up now and come back to the real world. But don't relax too much: in the world of interviewing, it's a jungle out there.

This article updates you on the "Fatal Five" areas of special sensitivity in selection interviewing. My goal is to point out the pitfalls and then to suggest appropriate interview questions that can help you hire the best and stay out of court.

Who makes the rules for interview questions? There is no single federal, state or local agency or court that defines for all cases which interview questions are legal or illegal. Instead, a plethora of court rulings, legislative decisions, agency regulations and constitutional laws combine to produce the often confusing and frequently changing list of what you can and can't ask a job applicant.

How can you be sure that your list of questions passes legal muster in your locality? Write out all interview questions in advance and have them checked by an attorney familiar with labor law at all levels.

But for now, here are some suggestions for some of the more difficult areas where you must exercise caution when formulating interview questions.

Marital circumstances. Courts have ruled that it's none of your business how many children an applicant has; whether he or she is married, single, divorced or engaged; whether the applicant plans to become pregnant at any time in the future; how the applicant's spouse or partner feels about overnight travel; or what plans the applicant has made for child-care during the workday.

Appropriate questions: "Do you have responsibilities or commitments that will prevent you from meeting specified work schedules?" "Do you anticipate any absences from work on a regular basis? If so, please explain the circumstances."

Age. In order to prevent age discrimination in hiring, courts have disallowed questions like these: "How old are you?" "In what year were you born?" "When did you graduate from high school?"

But you do have the right to ask if the applicant meets the legal age requirements for work in your city or state.

Appropriate questions: "Do you meet the minimum age requirement set by law in our area? If hired, can you produce proof of your age?" "If you are a minor, can you provide proof of age in the form of a work permit or certificate of age?"

Disabilities. You are forbidden by law from asking an applicant if he or she has mental or physical disabilities. Nor can you inquire about the nature or severity of disabilities, no matter how apparent they seem to you in the hiring process. Any physical or mental requirements you establish as a prerequisite for hiring must be based on "business necessity" and the safe performance of the job.

Appropriate question: "You are invited, not required, to indicate whether and to what extent you may have physical or mental disabilities. We want you to know in advance, however, that any information you disclose is voluntary. This information is sought only to remedy discrimination and provide opportunities for the disabled persons. All information you disclose will be kept confidential. If you choose not to provide information, that choice will in no way affect your chances for being hired. Will you be able to carry out in a safe manner all job assignments necessary for this position?"

Gender and physical appearance. You cannot ask questions about the person's gender unless the job specifications strictly require either a male or a female. The burden of proof is on the employer to demonstrate that only a man or a woman can do the job. Beware: courts and the Equal Employment Opportunity Commission have interpreted very narrowly the notion that only one gender can perform a particular job. In addition, avoid questions about the person's physical appearance, including height, weight, grooming and dress unless these bear clearly upon job requirements.

Appropriate question: "We want you to know that both men and women are being considered equally for this position. As you understand the job requirements, are you aware of any circumstances or conditions that may prevent you from successfully performing the job?"

Citizenship and national origin. You cannot legally inquire into the applicant's place of birth, ancestry, native language, spouse's or parents' birthplace or residence. Nor can you ask directly, "Are you a U.S. citizen?" or "Do you have naturalization papers?" Before a decision to hire is made, asking questions like these may tend to reveal racial or ethnic factors that may bias the employer.

Instead of specifying relatives, request the names of persons to notify in case of an emergency. Do not require an applicant to submit a photograph before a hiring decision.

Appropriate questions: "Can you, after employment, provide verification of your legal right to work in the United States?" "Do you have language abilities other than English that may be useful in performing this job?" "After hiring, are you aware that a photograph may be required for identification?"

It's long past time to say farewell to seat-of-the-pants interviewing. Once upon a time, an untrained interviewer simply asked whatever came into his or her head. In most companies, those days are gone. Applicants know their rights to be treated equally and fairly in the hiring process. If they are not hired, applicants may scrutinize the hiring process for flaws and inequities, and you could find yourself in a real jam.

Here's the bottom-line message for owners and managers: even one illegal question in a hiring interview can become grounds for expensive legal action against you. For both the applicant's sake and your own, learn the rules of legal interviewing and play by them.

And finally, because laws affecting employment interviewing change frequently at all levels of jurisdiction in various locales, I recommend that you review these suggested interview questions with your attorney before you again go into the hiring process. It's a jungle out there these days and you need all the protection you can get.