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.
North Dakota Requirements for Employment Application Form
North Dakota does not have a statewide 'ban the box' law, but employers should be aware that many states and localities prohibit asking about criminal history on initial job applications. Best practice is to delay criminal history inquiries until after an initial interview or conditional job offer.
Employment applications must comply with federal anti-discrimination 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.
North Dakota's employment discrimination law prohibits discrimination based on race, color, religion, sex, national origin, age (40+), physical or mental disability, status with respect to marriage or public assistance, or participation in lawful activity off the employer's premises during non-working hours.
Applications should include language indicating that employment is contingent upon verification of identity and eligibility to work in the United States, but should not ask about citizenship status on the application itself.
Applications should not ask for age or date of birth, as this could lead to age discrimination claims. Instead, applications may ask if the applicant is over 18 (or the minimum legal age for the position).
Applications should include a statement that reasonable accommodations are available for qualified individuals with disabilities and provide information on how to request accommodations during the application process.
While North Dakota does not prohibit salary history inquiries, many states and localities have banned such questions. Best practice is to focus on salary expectations rather than salary history.
North Dakota is an at-will employment state. 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.
If background checks will be conducted, applications must include clear notice and obtain written authorization in compliance with the Fair Credit Reporting Act.
Applications should include a statement that providing false information may result in disqualification from consideration or termination of employment if discovered after hiring.
Applications may ask about military service but should not ask about type of discharge unless there is a bona fide occupational qualification. Veterans' preference may apply for public employment in North Dakota.
While North Dakota does not have a specific social media privacy law for employees, applications should not request social media passwords or access to private accounts, as this practice is prohibited in many states.
If pre-employment drug testing is required, applications should disclose this requirement. North Dakota does not have specific statutes regulating private employer drug testing, but federal contractors may have additional requirements.
Applications should include authorization for the employer to contact references and previous employers, with appropriate releases of liability for information provided.
Applications should follow EEOC guidance on the use of arrest and conviction records, which recommends individualized assessment rather than blanket exclusions based on criminal history.
Applications should not inquire about pregnancy status, plans to have children, or family planning, as such questions may violate federal protections for pregnant workers.
Applications must not request genetic information, including family medical history, which could violate federal protections against genetic discrimination.
If the employer participates in E-Verify, the application should include notice of participation in this program for verifying employment eligibility.
Applications should not indicate that lie detector tests will be used as a condition of employment, as this is generally prohibited by federal law with limited exceptions.
Applications should not inquire about previous workers' compensation claims, as this could potentially violate the ADA and other anti-discrimination laws.
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.