One of the oldest workplace policies deals with dress codes or appearance standards.  Despite the fact that dress codes have been around for a long time, the law is pretty sketchy on the subject. Accordingly, you have quite a bit of flexibility when you write a policy on dress or appearance. You certainly have the flexibility to have a dress code that is business-related, promotes the image your company needs, or comports with your customers' wishes.

So can your dress policy prohibit your employees from wearing jeans, short skirts, tight-fitting clothes, muscle shirts, and flip-flops? Can you prohibit your employees from having visible tattoos or body piercings, wearing earrings (particularly multiples), and displaying funky hair?

Generally speaking, the answer to both questions -- from a legal perspective -- is yes. But here are three caveats:

Discrimination claims do occasionally arise out of dress codes.
These can be related to sex or gender (e.g., no earrings for men but they're OK for women), religion (e.g., wearing of head coverings that certain religions require is forbidden), or race (e.g., dreadlocks are prohibited). Although you probably can have a dress policy addressing all those things, get some legal advice just to make sure you're on safe ground.

When it comes to religion in particular, you have to accommodate an employee's religious beliefs if it doesn't cause you an undue hardship.

Be practical with your dress code.
It may make perfect sense for you to have a fairly stringent policy for employees who meet the public on your company's behalf, regularly deal with customers, and are otherwise your company's face. But does it make sense to have that same policy for employees who work in the warehouse? Who are on the assembly line? Who do nothing but take calls in a call center?

Be consistent in the application of your dress policy.  Some of the discrimination claims that arise out of dress codes really arise out of their inconsistent application.

The Sarbanes-Oxley Act (SOX) is a federal law that generally addresses corporate securities and compensation and also imposes harsh consequences, including fines and imprisonment, on publicly traded companies that retaliate against whistleblowers.

The Act also provides for criminal penalties for individuals who knowingly retaliate against whistleblowers who have provided any truthful information to a law enforcement officer relating to the commission (or possible commission) of a federal offense.  Individuals who violate that provision may be subjected to fines and imprisonment of up to 10 years. Significantly, those criminal penalties aren't limited to publicly traded companies but, rather, apply to all individuals and employers.

Given the potential consequences to supervisors in their individual capacities and you as an employer, you must instruct your supervisors to report to HR any complaints regarding criminal or fraudulent activity. They also should be instructed to report any incidents they have observed personally. That includes violations of your business policies, ethical standards, accounting practices, and codes of corporate conduct.

The potential for liability at the interview stage in the hiring process is tremendous. Under Title VII of the Civil Rights Act of 1964 and other federal and state laws, it's illegal to discriminate against applicants on the basis of race, color, sex, religion, national origin, citizenship, disability, and age. Some states have even more protected categories, such as sexual orientation and marital status.

Consequently, any question - regardless of the interviewer's intent - on any of those topics should be avoided to ensure that an inference of discrimination isn't raised when an applicant is rejected. A stray comment by the interviewer that offends an applicant can spell big trouble.

Here are some do's and don'ts for successful interviewing and avoiding legal trouble.

Interview do's

Provide training to the employees who will be conducting interviews. In addition to guidance on how to conduct interviews, employees who will be interviewing job candidates should be informed about the appropriate subjects for inquiry and topics to avoid.

Ask the same questions of all interviewees. By asking the same questions of all applicants, you can avoid a claim that any one particular individual was singled out because of a protected characteristic.

Limit questions to job-related areas. Interview questions should focus on the education, experience, and abilities of the applicant and her suitability for the position.

Maintain detailed, careful notes. Notes taken during the interview should be objective, detailed, factual, and concise. Avoid gratuitous comments unrelated to the applicant's experience and qualifications for the position. Always keep in mind that notes created during the interview process can and will be provided to the applicant if a lawsuit is filed later.

Interview don'ts

Avoid promises. An interviewer shouldn't make any promises. Simple comments about the hiring process or job security may later bind the employer.

Avoid questions or comments about an applicant's disability. Don't ask about medical conditions, past hospitalizations, past medical, psychiatric, or psychological treatment. Don't ask about prescription drugs or medications or the number of days he was sick during his previous employment. You may, however, legitimately ask about his general history of absences. You may ask whether he's able to perform the job, with or without reasonable accommodation, when he has an obvious disability or when all applicants are asked the same exact question. Also, if an applicant's disability is obvious or he volunteers that he has a disability and you reasonably believe an accommodation will be needed, you may ask him if he needs a reasonable accommodation.

Avoid questions or comments about an applicant's race, national origin, age, religion, military status, gender, marital status, physical attributes, or sexual orientation. Don't ask whether English is an applicant's first language. If fluency in a particular language is a required job responsibility, however, you may inquire about an applicant's ability to speak, read, and write the language. In addition, you should avoid questions or comments about pregnancy, family plans, number of children, and child-care arrangements.

Avoid questions or comments about an applicant's arrests. The Equal Employment Opportunity Commission (EEOC) takes the position that such inquiries have a disparate impact on minorities. If relevant to a particular position, you may investigate an applicant's criminal convictions.

Small businesses are the driving force behind our economy, and I take pride in the 28th District's hardworking individuals who continue to aspire and succeed.

As your Congressman, I envision us growing together, supporting each other, and creating a prosperous community for all to enjoy.

For these reasons, I am pleased to bring to you a vast array of federal agencies interested in purchasing your products and services at this year's Government Contracting Conference. Don't miss this opportunity to expand your business!

Congressman Henry Cuellar is a member of the House Homeland Security, Small Business, and Agriculture Committees in the 110th Congress; accessibility to constituents, education, health care, economic development and national security are his priorities. Congressman Cuellar is also a Senior Whip.