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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.

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Key Things to Know

  1. 1

    Employment applications are legal documents that can be used as evidence in employment-related lawsuits, so accuracy and legal compliance are essential.

  2. 2

    Applications should be consistent with your employee handbook, job descriptions, and other company policies to avoid contradictions that could create legal vulnerabilities.

  3. 3

    Update your application forms regularly to reflect changes in employment laws, which vary significantly by location and are frequently amended.

  4. 4

    Consider having applicants complete the form even if they submit a resume, as applications provide standardized information and include legal acknowledgments and authorizations.

  5. 5

    Train hiring managers on proper application review procedures to ensure consistent evaluation and avoid discriminatory practices.

  6. 6

    Maintain confidentiality of all application information and store completed applications securely, with access limited to those with a legitimate business need.

  7. 7

    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 before you file

Before you file a Employment Application Form in Illinois, a few decisions shape the document: which option to choose and what each one means. The Employment Application Form guide walks through them.

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Illinois Requirements for Employment Application Form

  • Ban the Box Law (820 ILCS 75/1 et seq.)

    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.

  • Illinois Human Rights Act (775 ILCS 5/1-101 et seq.)

    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.

  • Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.)

    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.

  • Age Discrimination in Employment Act (ADEA) (29 U.S.C. § 621 et seq.)

    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.

  • Americans with Disabilities Act (ADA) (42 U.S.C. § 12101 et seq.)

    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.

  • Genetic Information Nondiscrimination Act (GINA) (42 U.S.C. § 2000ff et seq.)

    Prohibits discrimination based on genetic information. Employment applications must not request genetic information, including family medical history.

  • Illinois Equal Pay Act (820 ILCS 112/10(b-5))

    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.

  • Illinois Right to Privacy in the Workplace Act (820 ILCS 55/10)

    Prohibits employers from requesting or requiring access to personal online accounts of applicants or discriminating against applicants who refuse to provide such access.

  • Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 et seq.)

    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.

  • Immigration Reform and Control Act (IRCA) (8 U.S.C. § 1324a et seq.)

    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.

  • Illinois Cannabis Regulation and Tax Act (410 ILCS 705/10-50)

    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.

  • Illinois Employee Credit Privacy Act (820 ILCS 70/1 et seq.)

    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.

  • Pregnancy Discrimination Act (42 U.S.C. § 2000e(k))

    Prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employment applications must not include questions about pregnancy status or family planning.

  • Uniformed Services Employment and Reemployment Rights Act (USERRA) (38 U.S.C. § 4301 et seq.)

    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.

  • Illinois Military Leave of Absence Act (5 ILCS 325/1 et seq.)

    Provides employment protections for Illinois service members. Applications should not discriminate against applicants based on their military service or status.

  • Illinois Artificial Intelligence Video Interview Act (820 ILCS 42/1 et seq.)

    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.

  • Illinois Biometric Information Privacy Act (BIPA) (740 ILCS 14/1 et seq.)

    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.

  • Illinois Freedom to Work Act (820 ILCS 90/1 et seq.)

    Prohibits non-compete agreements for low-wage employees. Applications should not include non-compete provisions for employees earning less than the specified threshold.

  • Illinois Personnel Record Review Act (820 ILCS 40/1 et seq.)

    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.

  • Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.)

    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