Applications can be as simple or as detailed as you want to make them. You can design them any way that you want. Remember that you're going to have to read them all, so make sure you don't ask for information that you don't need.

 

The Business Tools area includes a sample application form that you might want to use.

Also, if your business is subject to federal or state antidiscrimination laws, it's even more important to be sure that you ask only for what is required by business necessity. If a question is on an application form, it will be assumed that it is there because you want to know the answer in order to make an employment decision. As with all important business documents, we recommend that you run the application past your attorney before you start using it.

Permissible requests for information. Here's a list of specific information that you can ask for and, when phrasing is important, how to ask it.

• Personal information
  • Name. Ask for last, first, middle. Last name first makes the form easier to file.

 

If you are going to ask if the applicant has ever been known by any other name, do so in the work experience section so the applicant understands that you need this information in order to perform accurate reference and record checks.

• Address. Ask for present and former addresses, plus how long the applicant has resided at each.

• Social Security number.

• Age. Ask for age only if it is necessary to comply with minimum age and child labor requirements under state laws. A permissible question is, "are you over age 18?" Otherwise, ask for the applicant's age only if you are certain there is a legally recognized business justification for it.

• Children. It's permissible, but not recommended, to ask "Have you made arrangements to care for any children?" since that can be justified on grounds of availability and reliability.

 

However, if you ask about child care, you must question men as well as women and treat the answers the same. If you pursue this dangerous line of questioning, do so in the interview rather than on the employment application.

• Gender, race. There are few bona fide occupational qualifications based on gender, and so far there are no recognized ones based on race. Ask only if you are required to do so for affirmative action obligations. This inquiry can be put on the bottom of the application under a perforated line or it can be on a sheet of its own.

• Disabilities. If you are subject to the Americans with Disabilities Act (employers of 15 or more employees), although you may not ask an applicant about medical conditions before you have made a conditional job offer according to the law, you may determine whether an applicant is fit for duty and whether the applicant is a threat to himself or others.

• Military service. Ask for dates of military service, branch of service, experience, and skills gained, but not type of discharge. It's always better to rephrase your question as to job-related military experience, training, or supervision.

• Criminal records. Any inquiry regarding criminal records will have to be justified as job-related and a business necessity.

 

Try asking "Have you ever committed the crimes of theft, fraud, embezzlement, larceny, or other related crimes?" If the answer is yes, you could follow up in the interview, or you could provide another form asking more detailed questions if the applicant was actually convicted of a crime. If the job vacancy requires significant customer contact or contact with the public, requires carrying a weapon, or gives access to significant amounts of money or valuables, you have a right and a responsibility to ask more detailed questions about the applicant's criminal record. The Equal Employment Opportunity Commission (EEOC) has suggested that you include the following statement near the inquiry: "Conviction of a crime will not necessarily be a bar to employment. Factors such as age at the time of the offense, type of offense, remoteness of the offense in time, and rehabilitation will be taken into account in determining effect on suitability for employment."

• Education.
  • Schools attended. Ask for name, address, degrees. If you ask for dates, mention that the purpose is to facilitate reference-checking. Otherwise, it might be construed as an indirect means of asking for an applicant's age.
  • Apprenticeships, training programs, other special educational experiences. You may also ask about these. This information can be valuable because it can tell you more about an applicant's skills than traditional academic information can.
• Work experience. This is usually the most valuable information and you should ask about it. Inquire about the present employer and the applicant's reason for wanting a new job. Can the present employer be contacted? What is the applicant's present job and pay rate? Also ask about past employers, including names and addresses. Ask the applicant to describe jobs and pay rates as well as to provide the names of supervisors and reasons for leaving. You can get a much clearer picture of the applicant's experience and which type of environment the person is used to working in.

 

You can sometimes spot problems, too, if the applicant has worked many places in a short time. This may be a sign of a "job jumper." You shouldn't make a decision based on that information, but it can be helpful.

• Personal references — friends, business contacts, etc. Ask for names and current addresses — but ask only if you intend to check them. How did the applicant hear of the job opening? Ad? Friends? Walk-ins? Use this to track your best recruiting methods.
• Availability. Can the applicant work the night shift, overtime, transfers, holidays? Leave a space for applicants to explain why they would not be available. Applicants who indicate need for Saturdays, Sundays, or holidays off for religious reasons may not be discriminated against on that basis unless the company can demonstrate "undue hardship." Undue hardship is a significant difficulty or expense.