E. Employment Applications

Employment applications are helpful in defeating lawsuits that may arise down the road. Despite the advantages of having an application form, many companies fail to use them effectively. For example, employment applications can be used to dispel contractual presump- tions, reduce an employer's exposure when investigating past employ- ment and other information, and can give the employer added grounds for immediate termination if false statements contained in the application are discovered.

Some companies purchase employment applications from books and other sources that do not adequately cover their particular interests. Many of the employment application forms acquired from these sources contain discriminatory questions, do not reflect recent changes in federal and state law and do not clearly cover a company's specific needs and concerns. Thus, it is best to have an experienced labor lawyer draft the application form or review it thoroughly before implementation.

Counsel Comment #9: All prospective employees should be required to complete an application form, even if they submit a resume. All employment applications should contain a space for the applicant's signature and date, particularly when disclaimers (e.g., such as the candidate's acknowledgement that any misleading background information given will be cause for immediate discharge) are included. You may wish to print such disclaimers in boldface type or place them on a separate page to stress their importance. Better still, you can insist that candidates initial each disclaimer on the right-hand margin of the application form for greater protection.

TIP: Generally, it is not necessary to use more than one application form (i.e., one for managers and another for sales- people or clerical workers) provided the form is properly drafted.

Application forms are the subject of considerable litigation under federal and state discrimination laws. The Equal Employment Oppor- tunity Commission (EEOC) has indicated that it regards as discrim- inatory all questions that are not specifically related to the elements of the job or based on business need. Thus, be sure to review current employment applications to determine if they comply with all appli- cable federal and state laws (especially equal employment opportunity laws), and whether they help your company collect important infor- mation which will enable you to select candidates worthy of an interview. Employers may screen applicants for evidence of motivation, ambition and job interest, but cannot ask discriminatory questions on the employment application or in person at the hiring interview.