when interviewing applicants, apply the same standard that is applied to job applications – ask only about things that are directly related to the job requirements for the position under consideration
watch out for tape-recording – the applicant might be tape-recording the interview without an employer's knowledge, and a video- or tape-recording of an interview would be discoverable in a discrimination claim or lawsuit
tell the managers who conduct interviews to be extremely careful about note-taking during interviews – anything like that can be discovered in a claim or lawsuit – many discrimination cases have been lost due to careless and/or embarrassing comments written by interviewers
test for whether something should be written down: would you feel comfortable explaining it in front of a judge and twelve total strangers who are being coached by a plaintiff's attorney skilled in making employers look bad?