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HR MATTERS E-TIPS
THIS WEEK'S E-TIP: Best Practices for Application Forms
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THIS WEEK'S E-TIP: Best Practices for Application Forms
Application forms can help control the hiring process and ensure that
you
are getting uniform, and necessary, information from all of your
candidates. |
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THIS WEEK'S E-TIP: Best Practices for Application Forms
Do you have a standard application form that you require all
candidates
to fill out? If you do not, you should consider using one.
Most employers use application forms to solicit information that may
be
missing from applicants' resumes and to establish a single, uniform
document for all job candidates or groups of candidates.
Standardizing
the type of hiring information gathered makes it easier to compare
job
candidates objectively and can help protect you from discrimination
claims.
In addition, application forms often contain important notices, for
example informing applicants of their at-will status and background
check requirements. Further, they can help show that a candidate is
legally considered an applicant, to help you comply with
equal
employment opportunity and affirmative action recordkeeping
requirements.
* General Versus Specific Forms *
Some employers use the same application form for all types of
positions
within the organization, while others use specialized forms adapted
for
each job type. The job-related application form ordinarily includes
a
general section for collecting basic screening information
applicable to
any job and a job-specific section for gathering information
relevant to a
particular position.
The job-related application form often provides more substantial
information about specific required skills and usually is less
likely to
solicit irrelevant information. An application form that enumerates
the
functions of the particular job or that includes a job description
also can
be helpful in complying with the Americans with Disabilities Act.
These
items can help in determining the candidate's ability to perform
essential
functions of the job.
Before using any type of application form, however, you should have
legal counsel review it to ensure that it does not contain questions
or
statements prohibited by law, particularly those pertaining to the
applicant's membership in a class protected by federal or state
statute.
* Forms Help Define Who is an Applicant *
The use of a standardized application form also can help you show
who
you regard to be an "applicant," a determination that is very
important in
complying with federal record retention and reporting requirements.
For
example, Title VII of the Civil Rights Act requires covered
employers to
retain applications for employment and other documents pertaining to
hiring for one year from the date the records were made or the last
action
was taken. In addition, federal contractors must track applicants to
show
compliance with their affirmative action programs.
The Equal Employment Opportunity Commission (EEOC) and the Office
of Federal Contract Compliance Programs broadly define applicant to
include any person who has indicated an interest in being considered
for
hiring, promotion, or other employment opportunities. This interest
might
be expressed by completing an application form, or might be
expressed
orally, depending on the employer's practice.
The difficult job of determining which contacts create a job
applicant for
recordkeeping purposes has only increased with the proliferation of
e-
mail, online recruitment Web sites, and corporate and personal Web
pages. Therefore, the EEOC joined with several other government
agencies to clarify
recordkeeping requirements for applicants using
the
Internet and related technologies. The EEOC's guidance limits the
definition of applicant, in the context of the Internet and related
technologies, to persons who have indicated interest in a particular
position that the employer has acted to fill and who have followed
the
employer's standard procedures for submitting an application.
These broad definitions have led many human resources experts to
suggest that employers need to be precise and restrict formal
applicant
designations by requiring that all interested individuals complete
an
application and by only accepting applications and resumes for jobs
that
currently are vacant and for which candidates are being recruited.
Otherwise, you may have to keep track of any person who expresses
interest in a position, whether it is available or not. |
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* Unsolicited Applications and Resumes *
The same issues apply to unsolicited applications and resumes. Some
HR experts favor accepting them because it expands access to qualified
candidates. Others believe that this practice can cause problems
concerning the makeup of the applicant pool for equal employment
opportunity and affirmative action compliance purposes.
For example, if a government contractor is required to implement an
affirmative action program, anyone who actually is considered for an
opening will be considered an "applicant," even if they have not applied
for that job. Similarly, record retention requirements will apply to all
applications and resumes accepted. Furthermore, if you treat unsolicited
applications and resumes inconsistently, you may be exposed to claims
that your hiring procedure is discriminatory.
To guard against these claims, therefore, you should prohibit the
acceptance of unsolicited applications and resumes. Note, however, that
if you decide not to accept unsolicited applications and resumes, you
must apply the policy without exception. That is, you must discard all
unsolicited applications or retain them all. Otherwise, you may be faced
with claims that your selection procedures exclude certain protected
groups.
* Consideration Period *
Another issue to resolve is how long you will keep applications in an
active status. Most employers' policies specify the length of time that
applications will be actively considered for job openings, typically six
months to a year, and applicants should be informed of this time period.
As a result, many employers date stamp application forms and
periodically purge the files of these forms.
Note, too, that you also must comply with federal, state, and local laws
requiring that personnel records be retained for a specific period of
time,
generally at least one year, and with any rules covering disposal of
records. So, before any files are purged, these laws should be
consulted.
* Application Forms Standardize Process *
As discussed above, application forms can capture information missing
from resumes, help you compare candidates' qualifications, and classify
who is actually an applicant for equal opportunity and affirmative
action
recordkeeping purposes.
Of course, application forms generally represent just the first step in
the
hiring process. They are most effective when used in conjunction with
other hiring tools such as resumes, interviews, reference and
background checks, and preemployment tests. So, in addition to
analyzing application issues, you also should review your other hiring
tools. |
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Subscribers to the
Personnel Policy Manual and HR Policy Answers on
CD can find additional information on application forms and
procedures
in
Hiring, Chapter 202, note 6.
If you don't have the manual, but would like to order a trial
review, go to:
http://www.ppspublishers.com/ezppm.htm
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