Top Nine Mistakes Employers Make in Employment Applications.

• Author: Demaria, Alfred T.
• Position: [HR UPDATE]

Employment applications--almost every employer in the country uses them. They don't seem as if they would be a basis for liability, but they do contain a number of minefields of which employers should be aware. A general theme of federal and state laws, regulations, and guidance is that employers should avoid asking an applicant questions that elicit information that cannot legally be considered in making a hiring decision. Below is a list of the top 9 mistakes to avoid in application forms:

1. Including any disability-related or medical questions. If an employer asks an applicant such a question, the EEOC or a court may presume prohibited information was a factor in hiring.

2. Not including an at will disclaimer. In addition to the Employee Handbook, employers may want to inform applicants that the application is not intended to and does not create a contract or offer of employment.

3. Not including a non-discrimination statement. Employers may want to inform applicants that the company is an equal opportunity employer and does not discriminate in hiring based on state, local and federal-protected classifications (i.e., race, color, national origin). Check your state and local law for all protected classifications such as sexual orientations or marital status.

4. Requesting graduation dates in the education section. Asking applicants for graduation dates may lead to a finding of discriminatory intent on the basis of age.

5. Asking about arrests and convictions, without appropriate disclaimers. New York State and New York City expressly prohibit employers from asking about applicants' criminal histories on employment applications (these are called "ban the box" laws). Other neighboring states are on their way to passing similar laws. So, check your local laws.

6. Putting a background check acknowledgement on the employment application. Under the Fair Credit Reporting Act (FCRA), the disclosure of an employer's intent to obtain a background check and section must be in a "stand-alone" document separate from the application.

7. Asking for a photograph. Guidance from the EEOC prohibits employers from asking applicants for photographs.

8. Asking about marital or...