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.
South Dakota Requirements for Employment Application Form
Prohibits discrimination in employment based on race, color, religion, sex, national origin, age, disability, or genetic information. Employment applications must not include questions that could be used to discriminate against protected classes.
Prohibits employment discrimination based on race, color, creed, religion, sex, ancestry, disability, or national origin. Employment applications must comply with these state-specific protections.
While South Dakota does not have a statewide 'ban the box' law, applications should be designed with awareness that questions about criminal history may be subject to future regulation and should be job-related if included.
Requires employers to verify the identity and employment eligibility of all employees. Applications should include a statement that employment is contingent upon providing documentation proving eligibility to work in the United States.
If background checks will be conducted, applications must include clear disclosure and authorization for such checks, separate from the application itself.
Applications should include information about the availability of reasonable accommodations for the application process and for performing essential job functions.
Applications should avoid direct age questions and instead verify that applicants meet minimum age requirements for the position. Date of birth should only be requested if necessary for background checks after a conditional offer.
South Dakota law prohibits age discrimination for individuals over 40. Applications should be designed to avoid age discrimination in the hiring process.
Applications may ask about military service but should not request type of discharge unless there is a bona fide occupational qualification. Uniformed Services Employment and Reemployment Rights Act protects service members from discrimination.
South Dakota provides preference in public employment for veterans. Applications for public positions should include information about veteran status for preference purposes.
While South Dakota does not prohibit salary history questions, applications should be designed with awareness of the growing trend to ban such inquiries and focus on salary expectations instead.
South Dakota is an at-will employment state. Applications should include a clear statement that employment is at-will and can be terminated by either party at any time, with or without cause.
Applications should include authorization to contact former employers and references, with appropriate releases from liability for information provided.
If drug testing is required, applications should disclose this requirement. South Dakota does not have specific drug testing laws, but federal guidelines apply.
While South Dakota does not have specific social media privacy laws for employees, applications should avoid requesting social media passwords or access, which is prohibited in many states.
Applications should include a statement that providing false information may result in disqualification or termination if discovered after hiring.
Applications must be retained for at least one year from the date of the personnel action. If a charge of discrimination is filed, all relevant records must be retained until final disposition of the charge.
Applications for positions that may employ minors must comply with South Dakota's child labor laws regarding age verification, hours of work, and prohibited occupations.
Applications must not discriminate against pregnant women or women affected by pregnancy-related conditions. Questions about pregnancy plans or family planning are prohibited.
If the employer participates in E-Verify, the application should disclose this fact and explain that employment is contingent upon confirmation of work authorization through the E-Verify system.
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.