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.
New Jersey Requirements for Employment Application Form
Prohibits employers from inquiring about an applicant's criminal history on initial employment applications. Criminal background checks can only be conducted after the first interview.
Prohibits discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information in all employment practices, including job applications.
Prohibits discrimination based on race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy, sex, gender identity or expression, disability, atypical hereditary cellular or blood trait, and military service.
Prohibits employers from requesting or requiring job applicants to disclose their salary history, including prior wages, salary, or benefits.
Requires employers to verify the identity and employment eligibility of all employees. Applications must include language indicating that employment is contingent on providing proof of identity and authorization to work in the U.S.
Requires employers to obtain written consent before conducting background checks through consumer reporting agencies and to follow specific procedures if taking adverse actions based on report findings.
Provides additional protections regarding the use of credit reports for employment purposes, requiring specific disclosures and consent.
Prohibits disability-related inquiries before a conditional job offer is made. Applications must avoid questions about disabilities and focus on ability to perform essential job functions.
Prohibits employers from requesting genetic information, including family medical history, on employment applications.
Prohibits age-related questions on applications that could be used to discriminate against applicants 40 years of age or older.
Prohibits discrimination against applicants based on past, current, or future military service. Applications should not include questions that could be used to discriminate on this basis.
Prohibits employers from taking adverse employment actions solely based on an employee's or applicant's use of cannabis items outside of work hours.
Prohibits employers from requiring applicants to provide access to personal social media accounts or to disclose usernames and passwords.
For employers who use E-Verify, applications must include appropriate notices regarding the use of E-Verify for employment eligibility verification.
Prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Applications should not include questions about pregnancy or family planning.
Applications should not include questions that could be used to discriminate against applicants who might need family leave in the future.
Prohibits employers from asking about expunged criminal records, and applicants are not required to disclose expunged records.
Applications should include clear language that employment is at-will, meaning either party can terminate the employment relationship at any time, with or without cause, unless modified by a written agreement.
Applications must include clear language obtaining the applicant's consent to contact former employers, educational institutions, and other references.
Applications should include a statement for applicants to certify that all information provided is true and complete, with acknowledgment that false information may result in disqualification or termination.
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.