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.
Massachusetts Requirements for Employment Application Form
Prohibits employers from asking about criminal history on initial job applications. Criminal background questions can only be asked after the initial screening or interview.
Prohibits employers from requesting salary history information before making a job offer. Employers cannot require applicants to disclose prior wages or salary as a condition of being interviewed or considered for employment.
Prohibits discrimination based on race, color, religion, national origin, ancestry, sex, gender identity, age, criminal record, disability, mental illness, sexual orientation, genetics, or military service.
Prohibits employment discrimination based on race, color, religion, sex, or national origin. Applications must not include questions that could be used to discriminate on these bases.
Prohibits discrimination against individuals 40 years of age or older. Applications should not request date of birth or graduation dates that could reveal age.
Prohibits discrimination against qualified individuals with disabilities. Applications should not include medical questions or inquiries about the nature or severity of a disability.
Requires employers to verify employment eligibility. Applications may include a statement that employment is contingent on providing proof of identity and legal authorization to work in the U.S.
Requires disclosure and authorization before conducting background checks through consumer reporting agencies. Applications should include clear notice and consent language if background checks will be performed.
Prohibits discrimination based on genetic information. Applications should not request family medical history or genetic testing information.
Requires employers to inform applicants about the types of records maintained and used for employment decisions. Applications should include notice about what records may be kept.
Protects applicants' privacy rights. Applications must include appropriate privacy notices and consent for collecting personal information.
Requires protection of personal information collected from applicants. Applications that collect sensitive personal information must comply with data security requirements.
Prohibits employers from requiring lie detector tests as a condition of employment. Applications should not reference lie detector or polygraph testing.
Restricts employer drug testing. Applications should include appropriate disclosures if drug testing is required and must comply with privacy protections.
Prohibits discrimination based on military service. Applications should not include questions that could be used to discriminate against veterans or service members.
Provides certain preferences for veterans in public employment. Applications for public positions must include appropriate sections for veterans to claim preference.
Prohibits discrimination based on pregnancy or related conditions. Applications should not include questions about pregnancy status or family planning.
Prohibits employers from requesting social media login information from applicants. Applications cannot request social media usernames, passwords, or other access information.
Requires clear disclosure that employment is at-will, meaning either party can terminate the relationship at any time, with or without cause, unless otherwise specified by contract.
Allows employers to require applicants to certify that all information provided is true and complete, with acknowledgment that false statements may result in termination or rejection of application.
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.