ComplyRightComplyRightComplyRightComplyRight
  • RESOURCES
    • Knowledge Center
      • Tip Sheets
      • E-Guides
      • Podcasts
      • Infographics
      • Videos
    • Webinars
      • Upcoming
      • On Demand
    • Research and Trends
      • Compliance Survey
      • Trend Surveys
      • Minimum Wage Monitor
    • HR 101 Courses

      HR 101 Courses
      Learn More
  • TOPICS
    • I want to learn about:
      • Hiring an Employee
      • Creating Policies
      • Paying Employees
      • Discrimination & Harassment
    • Column 2
      • Employment Law
      • Labor Law Postings
      • Employee Leave
      • Employee Recordkeeping
    • Category 3
      • Independent Contractors
      • Tax Reporting
      • Improving Employee Performance
      • Firing an Employee
    • Would Your Workplace Practices Hold Up in an EEOC Investigation?

      EEOC Investigation
      Read More
  • SOLUTIONS
    • Employee Management
      • Hiring
      • Time and Attendance
      • Training and Safety
      • Recordkeeping
      • Employee Policies
    • Labor Law Posters
      • Poster Guard® Service
      • ComplyRight Posters
      • Electronic Posters
      • Employee Handouts
      • Partner Solutions
    • Tax Information Reporting
      • DIY Filing Solutions
      • Processing Services
      • Partner Solutions
    • Featured Solution

      Poster Guard Compliance Protection
      Learn More
  • ABOUT
    • Who is ComplyRight
      • Mission
      • Core Values
      • Leaders
      • Newsroom
      • Contact
    • Careers
      • Culture
      • Benefits and Perks
    • Brands
      • HRdirect
      • HRdirect Smart Apps
      • Poster Guard
      • eFile4Biz
    • Join Our Team

      Join Our Team
      Learn More
  • SUBSCRIBE

How the Wrong Questions on Your Job Applications Could Get You in Legal Trouble

Published on April 25, 2018
  • Hiring
  • Ban the Box
  • Job Applications

You want to hire the best, most qualified applicant for the job. What you DON’T want to do is ask questions that are inappropriate or downright illegal — and put your company at risk.

A farm equipment supplier in Missouri, Grisham Farm Products, learned this lesson the hard way in a lawsuit filed by the Equal Employment Opportunity Commission (EEOC) in 2016:

According to the lawsuit, a retired law enforcement officer who was pursuing a job with Grisham Farm Products was told he’d be considered only if he completed a three-page health history form with his application. Among the many health-related questions, the pre-employment form requested information that would indicate if the applicant had a disability — a clear violation of the Americans with Disabilities Act (ADA). Further still, the form didn’t comply with the Genetic Information Nondiscrimination Act (GINA), which prohibits employers from obtaining genetic information, including medical histories.

Because of these illegal actions, the EEOC is seeking monetary relief and requiring the employer to establish policies and practices to prevent future discrimination.

“The ADA and GINA are intended to protect both employees and job applicants from unlawful discrimination. When companies require applicants to reveal their health history, it not only discourages some individuals, like Mr. Sullivan, from applying, it also allows employers to consider illegal factors in their employment decisions,” said Andrea G. Baran, EEOC’s regional attorney in St. Louis. “As such, enforcement of these laws is critically important to a discrimination-free workplace.”

The takeaway here? You must be extremely cautious in your hiring process to avoid discrimination — whether intentional or accidental. This means using a federal and state-compliant job application to collect pre-employment information. In fact, a legally sound job application is a vital first step to fair and non-discriminatory hiring.

You must be extremely cautious in your hiring process to avoid discrimination — whether intentional or accidental.

Job Application Compliance Matters

It’s perfectly acceptable (and, in fact, recommended) to have every candidate complete a job application — even if you’ve already received a resume. Whereas resumes aren’t standardized, applications help you gather the same information, asked the same way, from all applicants. This consistent approach goes a long way toward protecting you from claims of discrimination.

While the application can include targeted questions about a person’s background and qualifications, the questions must protect the applicant’s privacy and employment rights. A job application should never include questions that reveal gender, age, race, religion, national origin, disability or marital status.

To help gather the necessary job-related information without crossing into illegal territory, make sure you’re using an application that:

  • Asks probing job-related questions regarding skills, education, employment history and reasons for leaving previous jobs
  • Contains airtight equal employment opportunity language, including an EEOC-approved question regarding applicant’s ability to perform the job, with or without accommodation
  • Features the EEOC-recommended general non-harassment clause
  • Authorizes employment references
  • Reinforces that employment is at-will, which means the relationship is voluntary and subject to termination by you or the employee at any time
  • Establishes an expiration date, so the candidate knows the application won’t be held indefinitely
  • Complies with all federal and state laws, including the latest ‘ban the box’ laws

Get on the Right Side of Emerging State Laws

To date, 31 states and more than 150 cities/counties have passed laws to reduce hiring barriers for individuals with criminal histories. Called ban the box for the question on job applications, “Have you ever been convicted of a crime?,” the laws restrict you from asking about an applicant’s criminal record until the job interview — or, in some cases, after you’ve made a job offer.

In addition, 4 states and a handful of cities now prohibit employers from asking applicants about their salary history. The purpose of the state-level law is to discourage unequal pay between men and women. In affected states and cities, employers can’t ask, “What is your starting/ending rate of pay?”

Please note: Relying on generic job applications, which are widely available through HR forms sites and providers, can be a problem. These “one size fits all” forms often overlook ban the box and other state-specific requirements. With the Job Application Smart App from HRdirect, however, you can be confident you’re working with a fully compliant, state-specific job application. It includes questions prewritten by attorneys and HR experts, so you’ll never ask something that could get you in legal trouble.

SA Job Applications | Hiring

HRdirect Smart Apps - Job Application

Related Content

  • discriminatory job postings
    New Supreme Court Rulings Call for a Careful Review of Potentially Discriminatory Job Postings
    June 30, 2020

    Creating a job listing is one of the first steps in any hiring process. Done well, this posting will highlight … Read more

    Hiring

    Discrimination

  • How to Avoid Accidential Discriminationplay-button
    How to Avoid Accidental Discrimination When Hiring
    February 2020

    With businesses scrambling to hire qualified workers, it’s more important than ever to ensure you’re supporting fair and diverse employment, … Read more

    Hiring

    Discrimination

  • From Hiring to Team-Building: How to Maximize a Diverse, Multigenerational Workforce
    From Hiring to Team-Building: How to Maximize a Diverse, Multigenerational Workforce
    August 5, 2019

    A unique dynamic is emerging across workplaces across the U.S. For the first time ever, many businesses now include a … Read more

    Hiring

    Discrimination

  • The State of Employment Law: How to Comply with Trending Hiring Laws
    April 2019

    During our post-webinar Q&A session, Jaime Lizotte, HR Solutions Manager and Shanna Wall, Esq., Compliance Attorney, will cover the major … Read more

    Hiring

    Ban the Box

    Interviews

  • play-button
    The State of Employment Law: How to Comply with Trending Hiring Laws
    April 2019

    The second in our two-part series, this presentation offers valuable insights on the state of employment law today. This time, … Read more

    Hiring

    Ban the Box

    Interviews

  • Don’t Leave Them Hanging: How to Close the Loop with Job Candidates You’re Not Hiring
    Don’t Leave Them Hanging: How to Close the Loop with Job Candidates You’re Not Hiring
    February 21, 2019

    After screening multiple resumes and interviewing a handful of candidates, you’ve narrowed down your next new hire. Reaching out to … Read more

    Hiring

    Interviews

    Job Applications

  • Trend Survey: Hiring Practices
    Trend Survey: Hiring Practices
    January 2019

    Learn about small business employers hiring plans for 2019 and see how you compare.​ The trend survey was emailed to … Read more

    Hiring

  • Are You Taking the Right Steps to Accommodate Job Candidates with Disabilities?
    Are You Taking the Right Steps to Accommodate Job Candidates with Disabilities?
    October 18, 2018

    October is National Disability Employment Awareness Month – a time to celebrate the skills, talents and contributions of workers with disabilities, as … Read more

    Hiring

    Job Applications

Newsletter Subscribe

Get the latest news and free resources from ComplyRight delivered straight to your inbox.

Thank You

You've just unlocked a wealth of FREE resources to build HR confidence.

ComplyRight provides free educational resources related to employee management, labor law and compliance. Better understand HR basics and learn how to address specific issues by browsing our knowledge center.

Please enter a valid email address.

Thank you. We already have your email address on file.

An error occurred while processing your request. Please try again.

Upcoming Webinar

Webinar Name

Date & Time

Presented by:

Learn More
Shop Our Brands 
HRdirect
HRdirect Smart Apps
Poster Guard
Formstax eFile4Biz

At ComplyRight, our mission is to free employers from the burden of tracking and complying with the complex web of federal, state and local employment laws, so they can stay focused on managing and growing their businesses.

©2020 ComplyRight, Inc.

Resources

  • Knowledge Center
  • Webinars
  • Research and Trends
  • Courses

Solutions

  • Employee Management
  • Labor Law Posters
  • Tax Information Reporting

About

  • Who is ComplyRight
  • Careers
  • Newsroom
  • Brands

Legal

  • Privacy Policy
  • Terms of Use

Popular Topics

Performance Policies Employee Leave Discrimination and Harassment Employment Law HiringLabor Law PostingsIndependent Contractors

Subscribe to Our Newsletter

Subscribe

Follow Us

  • RESOURCES
    • Knowledge Center
      • Tip Sheets
      • E-Guides
      • Podcasts
      • Infographics
      • Videos
    • Webinars
      • Upcoming
      • On Demand Webinars
    • Research and Trends
      • Compliance Survey
      • Trend Surveys
      • Minimum Wage Monitor
    • HR 101 Courses
  • TOPICS
    • Hiring an Employee
    • Creating Policies
    • Paying Employees
    • Discrimination & Harassment
    • Employment Law
    • Labor Law Postings
    • Employee Leave
    • Employee Recordkeeping
    • Independent Contractors
    • Tax Reporting
    • Improving Employee Performance
    • Firing an Employee
  • SOLUTIONS
    • Employee Management
      • Hiring
      • Time and Attendance
      • Training and Safety
      • Recordkeeping
      • Employee Policies
    • Labor Law Posters
      • ComplyRight Posters
      • Poster Guard®
      • Partner Solutions
    • Tax Information Reporting
      • DIY Filling Solutions
      • Processing Services
      • Partner Solutions
  • ABOUT
    • Who is ComplyRight
    • Newsroom
    • Careers
    • Brands
    • Contact Us
  • SUBSCRIBE
ComplyRight