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 Mexico Requirements for Employment Application Form
New Mexico's 'Ban the Box' law prohibits private employers from inquiring about an applicant's arrest or conviction history on an initial employment application. Criminal history inquiries must be delayed until after an applicant has been selected for an interview or a conditional offer of employment has been made.
Employers must not discriminate against applicants based on race, color, national origin, ancestry, sex, sexual orientation, gender identity, religion, age, disability, serious medical condition, or spousal affiliation. Application forms should not request information that could be used for discriminatory purposes.
Employment applications must comply with federal laws prohibiting discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, or genetic information.
Employers must verify the identity and employment eligibility of all employees. Applications should include a statement that employment is contingent upon providing documentation required for Form I-9 completion, but should not request specific documentation prior to hiring.
New Mexico requires employers to provide reasonable accommodations for employees with conditions related to pregnancy, childbirth, or related medical conditions. Applications should not inquire about pregnancy status.
While New Mexico does not have a specific law prohibiting salary history inquiries, best practices align with the growing national trend to avoid requesting salary history information on applications to prevent perpetuating wage discrimination.
Employers in New Mexico cannot request or require that applicants provide passwords to personal social media accounts or access to private social media content as a condition of employment.
New Mexico's medical cannabis law provides employment protections for qualified patients. Applications should not inquire about medical marijuana card status, and employers cannot take adverse action based solely on an applicant's status as a medical cannabis cardholder.
Applications may request date of birth or age only for legitimate purposes such as verifying that applicants meet minimum age requirements for certain positions. Such inquiries must be job-related and consistent with business necessity.
Applications should include a statement that reasonable accommodations are available for qualified individuals with disabilities during the application and hiring process, but should not inquire about disability status before a conditional job offer.
If employers intend to obtain consumer credit reports on applicants, they must provide clear disclosure and obtain written authorization. The application should include appropriate disclosure and consent language if credit checks will be conducted.
If background checks will be conducted, applications must include a clear and conspicuous disclosure made in a document consisting solely of the disclosure that a consumer report may be obtained for employment purposes, and the applicant's authorization must be obtained.
Applications may ask about military service but should not request information about the type of discharge unless there is a bona fide occupational qualification. Discrimination based on military status is prohibited.
New Mexico recognizes at-will employment. Applications should include a clear statement that employment is at-will, meaning either party can terminate the employment relationship at any time, with or without cause or notice, unless modified by a written agreement.
Applications should include a certification statement where applicants affirm that all information provided is true and complete, acknowledging that false statements or material omissions may result in disqualification or termination if hired.
Applications should not inquire about previous workers' compensation claims, as such inquiries could violate disability discrimination laws unless directly related to the applicant's ability to perform essential job functions.
Applications must not request genetic information, including family medical history, genetic test results, or information about genetic services received by the applicant or family members.
If language proficiency is required for a position, applications may inquire about language skills only if they are job-related and consistent with business necessity. English-only policies may be discriminatory unless justified by business necessity.
If pre-employment drug testing will be conducted, applications should include notice that job offers may be contingent upon passing a drug test. New Mexico has no specific state law regulating workplace drug testing, but federal contractors must comply with the Drug-Free Workplace Act.
New Mexico's Fair Pay for Women Act prohibits wage discrimination based on gender. Applications should be designed to evaluate qualifications without perpetuating gender-based pay disparities.
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.