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
- 1
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.
- 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
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.
Minnesota Requirements for Employment Application Form
Prohibits employers from asking about criminal history on initial job applications. Criminal background questions must be delayed until after the applicant has been selected for an interview or a conditional job offer has been made.
Prohibits discrimination in employment based on race, color, creed, religion, national origin, sex, marital status, disability, public assistance status, sexual orientation, age, or familial status.
Prohibits employment discrimination based on race, color, religion, sex, or national origin. Application forms must not include questions that could be used to discriminate on these bases.
Prohibits discrimination against individuals 40 years of age or older. Application forms 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 before a job offer.
Prohibits employers from requesting genetic information, including family medical history, on application forms.
Requires employers to verify employment eligibility. Applications should include a statement that employment is contingent on providing proof of identity and legal authorization to work in the United States.
Requires disclosure and authorization before obtaining consumer reports (including background checks) for employment purposes. Applications should include appropriate disclosure and consent forms if background checks will be conducted.
Requires specific disclosures when employers use consumer reports for employment purposes, including informing applicants of their right to request the nature and scope of the report.
Regulates workplace drug and alcohol testing. If drug testing will be part of the pre-employment process, applications should include notice of this policy.
Prohibits employers from requiring applicants to refrain from disclosing their wages or requiring applicants to sign a waiver that purports to deny them the right to disclose their wages.
Prohibits employers from refusing to hire applicants for using lawful consumable products (such as tobacco or alcohol) during non-work hours. Applications should not inquire about lawful off-duty conduct.
Prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Applications should not include questions about pregnancy status or family planning.
Expands protections for pregnant women and nursing mothers. Applications should not include questions that could be used to discriminate against women based on pregnancy or family status.
Prohibits sex-based wage discrimination. Applications should not request salary history information that could perpetuate wage discrimination.
Prohibits employers from requesting or requiring applicants to provide their pay history. Applications should not include questions about previous salary or compensation.
Prohibits employers from requesting access to personal social media accounts of applicants. Applications should not request social media passwords or access to private accounts.
While not required by law, applications should include a clear statement that employment is at-will to prevent implied contract claims. This disclaimer should state that employment can be terminated at any time, with or without cause.
Applications should include authorization for the employer to contact references and verify information provided by the applicant to avoid potential invasion of privacy claims.
Prohibits discrimination against individuals who are members of, apply to be members of, perform, have performed, apply to perform, or have an obligation to perform service in the uniformed services. Applications should not include questions that could be used to discriminate on this basis.
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.