Employment Application Form Guide: Essential Information for Employers
A comprehensive guide to employment application forms for HR managers, startup founders, and small business owners - learn legal requirements, best practices, and how to avoid common pitfalls.
Introduction
An employment application form is a critical document that helps employers gather consistent information from job candidates and make informed hiring decisions. This standardized form serves as the foundation of your hiring process, collecting essential details about applicants' qualifications, work history, education, and other relevant information. For HR managers, startup founders, and small business owners, understanding how to create and use employment applications properly is crucial not only for finding the right talent but also for maintaining legal compliance and protecting your business from potential liability.
Key Things to Know
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Employment applications are legal documents that can be used as evidence in employment-related lawsuits, so accuracy and legal compliance are essential.
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Applications should be consistent with your employee handbook, job descriptions, and other company policies to avoid contradictions that could create legal vulnerabilities.
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Update your application forms regularly to reflect changes in employment laws, which vary significantly by location and are frequently amended.
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Consider having applicants complete the form even if they submit a resume, as applications provide standardized information and include legal acknowledgments and authorizations.
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Train hiring managers on proper application review procedures to ensure consistent evaluation and avoid discriminatory practices.
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Maintain confidentiality of all application information and store completed applications securely, with access limited to those with a legitimate business need.
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Consider having your employment application reviewed by an employment attorney familiar with the laws in your jurisdiction before implementing it in your hiring process.
Key Decisions
Employment Application Form Requirements
Include fields for applicant's full legal name, current address, phone number, email address, and other contact information.
Include fields for position applied for, desired salary/wage, availability (full-time/part-time), and preferred start date.
Include questions about legal authorization to work in the country and whether the applicant will require sponsorship.
Include a question asking if the applicant is over the minimum age requirement (typically 18 years) for the position.
Illinois Requirements for Employment Application Form
Illinois' Job Opportunities for Qualified Applicants Act prohibits employers from asking about criminal history on initial job applications. Criminal background checks can only be conducted after an applicant has been determined qualified and notified of an impending interview or conditional job offer.
Prohibits discrimination in employment based on race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service. Employment applications must not include questions that directly or indirectly elicit information about these protected characteristics.
Prohibits employment discrimination based on race, color, religion, sex, and national origin. Employment applications must not include questions that directly or indirectly discriminate against applicants based on these protected characteristics.
Protects individuals who are 40 years of age or older from employment discrimination based on age. Employment applications should avoid asking for date of birth or graduation dates that could reveal age.
Prohibits discrimination against qualified individuals with disabilities. Employment applications must not include questions about disabilities before a job offer is made, though they may ask if applicants can perform essential job functions with or without reasonable accommodation.
Prohibits discrimination based on genetic information. Employment applications must not request genetic information, including family medical history.
Prohibits employers from asking job applicants about their wage or salary history as a condition of being considered for employment or as a condition of employment.
Prohibits employers from requesting or requiring access to personal online accounts of applicants or discriminating against applicants who refuse to provide such access.
Requires employers to obtain written consent from applicants before conducting background checks through consumer reporting agencies and to follow specific adverse action procedures if information from the report is used to deny employment.
Prohibits employers from discriminating against applicants based on citizenship or national origin. Applications may ask if applicants are legally authorized to work in the U.S. but should not ask about citizenship status.
Employers cannot discriminate against applicants solely for the use of cannabis off-premises during nonworking hours, though employers may still maintain drug-free workplace policies.
Prohibits employers from inquiring about or using an applicant's credit history as a basis for employment decisions, with certain exceptions for positions where credit history is a bona fide occupational requirement.
Prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employment applications must not include questions about pregnancy status or family planning.
Prohibits discrimination against persons because of their service in the Armed Forces, Reserves, National Guard, or other uniformed services. Applications should not discriminate against military service members or veterans.
Provides employment protections for Illinois service members. Applications should not discriminate against applicants based on their military service or status.
Requires employers who use AI analysis of video interviews to notify applicants, explain how the AI works, obtain consent, and limit sharing of the videos.
Regulates the collection, use, and storage of biometric identifiers. If the application process involves collecting biometric data, employers must obtain written consent and provide specific disclosures.
Prohibits non-compete agreements for low-wage employees. Applications should not include non-compete provisions for employees earning less than the specified threshold.
Gives employees the right to review their personnel records. Applications should include notice that information provided may become part of the applicant's personnel file if hired.
Prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment, and in the employment practices of federal contractors. Applications for employers with federal contracts must comply with these requirements.
Frequently Asked Questions
A comprehensive employment application form should include: applicant contact information, position being applied for, work availability, employment history (with company names, dates, positions, and reasons for leaving), educational background, professional certifications or licenses, skills relevant to the position, references, and a legal disclaimer. You may also include sections for voluntary self-identification for EEO purposes, criminal history questions (where legally permitted), and authorization for background checks. Be sure to include a signature line where applicants certify that all information provided is accurate and truthful.
Yes, there are significant legal restrictions on application questions. Federal laws prohibit discrimination based on protected characteristics including race, color, religion, sex, national origin, age, disability, and genetic information. Avoid questions about: age (beyond confirming if applicant is over 18), marital status, children or family planning, religious affiliation, citizenship (though you can ask if they're legally authorized to work in the U.S.), disabilities (before a job offer), arrest records (in many jurisdictions), and salary history (prohibited in some states and cities). Additionally, 'ban-the-box' laws in many locations restrict when you can ask about criminal history. Always check current federal, state, and local laws before finalizing your application form.
Yes, online employment applications are increasingly common and offer several advantages: they streamline data collection, reduce paperwork, allow for easier storage and retrieval of information, and can integrate with your applicant tracking system. However, ensure your online application is accessible to people with disabilities (compliant with ADA and Web Content Accessibility Guidelines), includes the same legal disclaimers and certifications as paper forms, securely stores sensitive applicant information, and allows applicants to review their information before submission. Also provide reasonable accommodations for applicants who may not have internet access or require alternative formats.
Federal regulations require employers to keep all employment records, including applications, for at least one year from the date the record was made or the personnel action was taken, whichever is later. For federal contractors, this retention period extends to two years. If an applicant or employee files a discrimination charge, you must maintain all relevant records until the case is resolved. As a best practice, many employers retain applications for three years to cover various state and federal requirements. Store applications securely, with limited access, to protect applicants' personal information and comply with privacy laws.
While using a standardized application form ensures consistency and simplifies your hiring process, you may need position-specific variations. A basic template can work for most positions, with supplemental sections for specialized roles. For example, positions requiring specific certifications, licenses, or technical skills might need additional questions. Similarly, management positions might include questions about leadership experience. The key is maintaining core compliance elements across all versions while tailoring certain sections to job-specific requirements. This balanced approach helps you gather relevant information while maintaining a standardized process that treats all applicants consistently.
Essential disclaimers for employment applications include: an at-will employment statement (if applicable in your state) clarifying that employment can be terminated at any time by either party; an equal opportunity employer statement affirming your commitment to non-discrimination; a truth certification where applicants acknowledge that providing false information may result in termination or rejection; authorization for reference and background checks; and a statement that the application does not constitute an employment contract. In states with specific requirements, you may need additional disclaimers regarding drug testing, credit checks, or social media policies. Have your legal counsel review all disclaimers to ensure compliance with current laws.