The employment application is a part of the employment relationship. It may be an important document in an employment-related lawsuit. What is stated in an employment application could serve as a basis for a wrongful discharge claim, or it could give the employer a good defense for a wrongful discharge claim. Employment applications have also been the focal point of discrimination lawsuits against employers. Therefore, applications should also be periodically reviewed to make sure that the questions asked are proper and to make sure that the application protects the employer.

The EEOC has suggested that an employer consider the following three questions in deciding whether to include a particular question on an employment application or a job interview:

Does this question tend to have a disproportionate effect in screening out minorities or females?

Is this information necessary to judge this individual’s competence for performance of this particular job?

Are there alternative non-discriminatory ways to secure necessary information?

(Reviewed 9-08)