Why is information submitted on an employment application critical?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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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?

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