We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Employment Application: A Comprehensive Guide to Its Legal Definition
Definition & Meaning
An employment application is a formal document that employers use to gather information from job applicants. It serves as a critical part of the hiring process, providing employers with relevant details about candidates' qualifications, work history, and suitability for a position. Once submitted, the application becomes a legal document, forming part of the applicant's permanent employment record if hired. Properly designed applications help avoid potential legal issues by adhering to civil rights laws at both federal and state levels.
Table of content
Legal Use & context
Employment applications are used primarily in the hiring process across various industries. They are essential for collecting standardized information from applicants, which helps employers make informed hiring decisions. Legal considerations include compliance with federal laws such as the Civil Rights Act and the Americans with Disabilities Act (ADA), which prohibit discrimination based on certain protected characteristics. Employers can use legal templates from US Legal Forms to ensure their applications meet legal requirements.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A retail store uses an employment application to collect information from candidates applying for cashier positions. The application includes sections for work history, education, and a statement regarding the store's equal opportunity employment policy.
Example 2: A healthcare facility requires applicants for nursing positions to fill out an employment application that asks for relevant certifications and licenses, ensuring compliance with state regulations. (hypothetical example)
Relevant laws & statutes
Key laws relevant to employment applications include:
Civil Rights Act of 1964: Prohibits discrimination based on race, color, religion, sex, or national origin.
Americans with Disabilities Act (ADA): Restricts inquiries about disabilities and health conditions.
Age Discrimination in Employment Act (ADEA): Protects applicants aged 40 and older from age discrimination.
State-by-state differences
State
Key Differences
California
Stricter regulations on questions about criminal history.
New York
Prohibits inquiries about salary history on applications.
Texas
Allows more flexibility in asking about work history.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Description
Difference
Job Application
A form completed by a job seeker to apply for a position.
Broader term that may include online applications.
Resume
A summary of a candidate's work experience and qualifications.
More focused on skills and experience, less formal than an application.
Cover Letter
A letter accompanying a resume that explains the applicant's interest.
Supplemental to an application, providing personal context.
Common misunderstandings
What to do if this term applies to you
If you are an employer, ensure your employment application complies with all relevant laws to avoid discrimination claims. Consider using templates from US Legal Forms to create a compliant application. If you are an applicant, fill out the application truthfully and ensure you understand your rights regarding the questions asked. If you feel a question is inappropriate, you may want to seek legal advice.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.