How do you create an employment application?
Just about every employer, no matter how small, uses some form of a printed application blank to gather information about prospective employees. Ranging from a 3 x 5
card to an electronic file received by e-mail from the Internet, the application form usually asks for much of the same information covered by the preliminary screening interview while requesting further details and additional data. How complex the form needs to be depends on the job; companies may use different forms (or add additional questions) for different positions or types of jobs.
For sample employment applications, see ¶26,385.
What are your objectives? Not all companies have the same objectives for employment applications; however, some of the most common are:
Get information. Gain information on prospective employees. Be sure that information is job-related.
Research and compare data. Compare information on the application to information provided on the resume as well as to enable background and employment verifications. For a few companies, statistical analysis is performed on data to validate specific employment processes and procedures.
Compliance. Comply with local, state and federal laws and regulations.
Notice and communication. Provide communication and notices to prospective employees including disclaimers.
Image. Project consistent corporate image.
Know why beforehand. Before you put any question on your company's application form, ask yourself why you want to know that specific bit of information. Often, applications grow unwieldy over the years as companies keep thinking up one more question they could ask; once added, questions don't often get dropped. A periodic weeding of the company's form will keep it relevant to the job and in line with current fair employment requirements. Consider having counsel review the application on a periodic basis to ensure that the topics covered and the words used are in compliance with local, state and federal laws and regulations.
Form is an intrinsic part of a process. Ensuring that the application form is complete, efficient and in compliance is not enough. The form is a part of a larger process, the application process, that all employers should periodically review.
How can you audit the employment application process?
Failure to periodically audit the employment application process can result in expensive lawsuits. Develop the audit after diagramming the application process flow from start to finish. Consider adding the following basic questions:
Is every potential applicant from any source treated the same through the application process? What, if any, are the exceptions? For example, if the daughter of the CEO wants to work during the summer in the mailroom, must she come to the employment office (if that is the normal procedure) to complete the application prior to an interview?
Can anyone apply at any time? Is the office that accepts applications, typically the employment office, open consistent with the hours of the available jobs? For example, if there are jobs available on the 11:00 p.m. to 9:00 a.m. shift from Friday to Monday, is the employment office open during those times (or are there alternative collection methods for applications)?
How does an applicant actually secure a form and then return the form to the company? What is the flow from the company to the applicant and back to the actual decisionmaker on the application?
Are there any barriers to individuals with disabilities in the application process? Consider individuals in wheelchairs, individuals who are sight- or hearing-impaired, and individuals who do not have use of one or both hands. How is reasonable accommodation requested and provided? l Are required posters displayed prominently?
Are all records maintained in a timely manner? How is the applicant flow data tracked?
Can an applicant take the form with him or her or must the form be completed onsite? Can an employee get an application for a potential referral?
Under what circumstances, if any, can the applicant have assistance in completing the application? Consider reasonable accommodation for individuals with disabilities as well as individuals that may be unable to read or write (when reading or writing are essential job requirements).
Does the application process conform with the image the company wishes to project? Generally, applicants are perceived to be potential customers as well as litigants. Care should be taken that they are treated courteously and properly.
Can an applicant request an application form printed in a language other than English? Are there significant numbers of candidates (and employees) who speak languages other than English?
Are all employees involved in the process trained? Are temporary staff ever used, and if so, how are they trained?
What topics are covered on an employment application?
The basic rule is to ask questions for which there is a business need to know the answer. All questions must be job-related.
Layout. Design the form to conform to the uses after the form is completed. For example, will the form be used to verify employment information? If yes, then design the form to facilitate verifications. Will the application be used to interview? If so, then lay out the information to aid the interview process.
Instructions. Usually there are instructions advising how to complete the application. The issues addressed include:
If you want the application completed in the applicant's handwriting (unless reasonable accommodation dictates otherwise), then the application's directions should specify that.
Advise if the application should be completed in ink and in print.
Tell the applicant what to do if more space is needed to complete an answer than has been provided on the form.
Provide directions on what an applicant should do if a question does not apply.
Consider including directions on how to request accommodation.
Topics frequently covered on employment applications include:
Personal information
Name. Last, first, middle. Last name first makes the form easier to manually file.
Address. Present address including city and zip code. Are post office boxes excluded? Don't ask for time at current or former addresses. What if the applicant does not have a conventional address?
Phone number.
Social Security number (SSN). While the SSN has traditionally been a requested piece of information on a job application, some employers no longer ask for it (or make it optional) due to concerns about identity theft. Consider whether this information is really needed during the application phase. If not, the SSN may be obtained when getting consent for a background check or after making a job offer. Note, also, that some states have laws that restrict employers' use of SSNs.
Age.Don't ask unless age is really a job requirement. A variation may be necessary with regard to minimum age requirements under state laws. For example, ask Are you over age 18?
Sex, race. Some state laws prohibit you from asking, but federal law may require you to collect this information. If you need to keep records on the sex and race of applicants, put a statement on the application assuring job seekers that this information will in no way affect hiring decisions. Set aside these questions in a separate box and advise candidates that answering them is voluntary, or create a tear off
portion of your employment application that records the information but is immediately separated from the application form.
Birthplace.Don't ask because of national origin bias problems. Ask, Are you a U.S. citizen or do you have a work visa?
Or, Do you have a legal right to work in the U.S.?
Residence. Own? Rent? Once a common question, it supposedly is a measure of stability. Don't ask; it might discriminate against minorities and it's likely to be regarded as none of your business by many applicants.
Marital status and dependents. It's illegal in many states to discriminate on the basis of marital status. Questions on family that may be needed for group insurance purposes are best left until after hiring.
Arrest and conviction record. Arrest records are an unlawful basis of discrimination in many states. Remember, arrest is not conviction. Assure applicants that a Record of conviction does not disqualify the applicant from employment consideration.
If you do ask, consider excluding conviction information for minor traffic violations.
Military service. Dates, branch of service, experience, skills gained. Current obligations-reserve, National Guard. Type of discharge-some states make it unlawful to discriminate on this basis.
Health.Don't ask medical questions. Remove any material from the application that asks applicants to self-nominate themselves based on a disability for inclusion in affirmative action plans and programs.
Clubs, professional association, hobbies, personal interests. Is there a job-related reason for asking this on the employment application? If there is a job-related reason for this information, specify that those organizations or memberships which would reveal race, religions preference or ethnic status need not be listed.
Date available for employment.
Education
Schools attended and level of education attained. Ask for name, address, degrees awarded. Asking for dates attended might be viewed as a circuitous means of asking an applicant's age. However, if it can be shown that the employer is using the information for nondiscriminatory legitimate business reasons, such as facilitating reference checks, then asking for dates attended would be lawful. Consider seeking dates attended for reference-checking purposes only after you have identified serious candidates. Unless demonstrably job-related, avoid questions concerning grade point average, extracurricular activities, and major field of study.
Training programs. These questions should be relevant to the job and cover apprenticeships, training programs, other special educational experiences.
Work experience
Present employer. Name, address. Reason for wanting new job. Can present employer be contacted? Job, pay rate, supervisor.
Past employers. Name, address. Describe jobs, pay rates. Names and telephone number of every supervisor. Reasons for leaving.
Skills. Machines operated, computer abilities, etc. Ask about whatever particular skills you need in your plant or office.
Licenses, certificates and professional memberships. Provide space for applicants to indicate any relevant affiliations.
Personal references
Friends, business contacts, etc. Names, addresses. Are these personal references really worth investigating? They may be if you hire entry level positions where applicants may have no prior work experience; make sure you aren't just including the question because it is customary.
Position applied for
How applicant learned about opening. This will help you track the effectiveness of your recruiting sources.
Availability for night shift, overtime, transfers, holidays. Applicants who indicate need for Saturdays, Sundays, holidays off for religious reasons may not be discriminated against on that basis unless the company can demonstrate undue hardship.
Other opening applicant may be interested in and/or qualified for?
Security
Positions which require work with company secrets, patents. Requiring employee to sign a statement promising not to reveal secrets or to work for a competitor may not be legally enforceable.
Disclaimer statements
Indicate that the applicant certifies that everything on the application is true and complete.
Consider including a statement that if deliberate falsifications, omissions, or misrepresentations are discovered, the application will be rejected and, if the applicant had been hired, will be grounds for discipline up to and including dismissal.
Acknowledge that acceptance of employment indicates a willingness to abide by company rules, join a union, participate in group insurance plan or whatever else may be a condition of employment.
Include an at-will statement.
Add a statement that the terms and conditions of employment may be changed at any time without notice by the company.
Advise who, if anyone, by title can enter into employment contracts, provide additional benefits or make an employment agreement that is different from the disclaimer statements.
Indicate that the signature on the application authorizes the company to conduct background and reference checks, including requesting information from former employers.
If not printed elsewhere on the application, include a statement of equal opportunity.
Applicant signature and date signed
<p>Just about every employer, no matter how small, uses some form of a printed application blank to gather information about prospective employees.</p>
How do you create an employment application?
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