Applications (Non-Driver)

Scope

One of the first contacts an employer has with a prospective employee is a job application. This form communicates information about the employer to the applicant, and in turn, provides information about the applicant to the employer.

Regulatory citations

• None

Key definitions

• None

Summary of requirements

What to include. Application forms can have a variety of designs and layouts, but most include common information, such as the following:

• Personal information,
• Training or education background,
• Special skills,
• Work experience,
• References,
• Authorization to verify information,
• Waivers,
• Certification of truthfulness of the applicant’s information, and
• Signature.

Some forms are very general and short. These are usually used as a preliminary screening tool. Longer forms can be used to gather more detailed information. Some forms are targeted for specific positions.

Some items to look for in the information provided in an application include the following:

• Gaps in employment,
• Decreasing responsibilities in positions,
• Frequent job changes,
• The lack of qualifications for the position
• The lack of appropriate signatures, and
• Questions not answered.

This is the type of information that employers may not be able to obtain from a resume. With this in mind, even if a candidate provides a resume, it is best to also have an application completed.

What not to include. Employers try to gather as much information from applications as possible; however, employers should avoid requesting certain information, as they may violate privacy or equal employment opportunity laws or statutes. Almost all states have restrictions on what is asked in an application, and you should be familiar with and comply with the laws of each state in which the application will be used. Inquiries which are normally precluded include age, sex, race, disability, and religion.

The information requested should be focused on that which is job-related and consistent with business necessity. It should help the employer find a match between a position’s requirements and a candidate’s qualifications to perform in that position successfully.

Background checks. Employers should be aware that if they intend to obtain a consumer report from a consumer reporting agency for employment purposes (such as for a background check), then according to the Fair Credit Reporting Act (FCRA):

• A clear and conspicuous disclosure must be made in writing to the consumer before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that the consumer report may be obtained for employment purposes; and
• The consumer must authorize in writing the procurement of the report by that person.

That means that the disclosure and authorization must be on a separate document than the application form itself. Employers cannot simply tuck the disclosure text in the application form somewhere. See the EZ Explanation called Fair Credit Reporting Act for more information.

Before an employer takes adverse employment action based in whole or in part on the information contained in a consumer report, the employer must provide the individual with:

• Notice of the adverse action,
• A copy of the report, and
• A description, in writing, of the individual’s rights under FCRA.

Retention. Employers often have a policy to retain employment applications for a period of time, even if the candidate is not hired. In fact, federal laws such as the ADA, Title VII of the Civil Rights Act, and the Equal Pay Act, require applications to be kept on file for at least one year. However, this does not mean that all applications need to remain active for that long. Instead, shorten the length of time that a candidate’s application will be kept active — a few months, for example — and if the candidate becomes a good prospect after that date, contact the applicant and ask that another application be filled out if the candidate is still interested.

Since state laws vary, employers should check with their state fair employment and/or privacy laws to ensure compliance with them before using an employment application.