With DEI and Privacy Considerations, What Can You Have on an Employment Application?

Guest Author: Tim Dimoff of SACS Consulting and Investigative Services, Inc. (Member: Akros Network)

As you are probably aware, we are amid The Great Resignation. BuiltIn reports, the average costs to replace an employee are:

• $1,500 for hourly employees
• 100 to 150% of an employee’s salary for technical positions
• Up to 213% of an employee’s salary for C-suite positions

You should refresh your application form yearly and run it by legal counsel to ensure you are meeting Diversity, Equity, and Inclusion (DEI) standards, as well as privacy considerations. Nowhere on the application should be a field for a person’s social security number.

The prohibition of salary history is becoming a growing trend to stop the perpetuation of gender and racial pay gaps.

Many states are moving toward a ban to ask age questions. For example, employers cannot ask applicants their age, date of birth, or graduation dates in Connecticut, as this is considered a discriminatory practice.

Valid Employment Application Practices

1. Include a statement for applicants to sign that states they understand all false statements will result in termination, regardless of when discovered.
2. Include a release of information or authorization concerning your right to check references.
3. Incorporate a statement that credit references may be used in compliance with the Fair Credit Reporting Act of 1970 and the Consumer Credit Reporting Reform Act of 1996.
4. Comprise an Equal Employment Opportunity (EEO) statement that protects job applicants from discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), parental status, national origin, age, disability, genetic information (including family medical history), political affiliation, military service, or other non-merit-based factors.
5. Include a disclaimer that the application is not a contract of employment and, if hired, the employment relationship will be at will.

Valid Employment Application Questions

1. If hired, can you furnish proof of age?
2. What hours and days can you work?
3. Do you have a reliable method of getting to work?
4. Are you legally eligible for employment in the United States?
5. Have you ever been convicted of a felony?
6. Can you perform the job duties as described in the job description?
7. What type of education, training, and work experience relevant to the job did you receive while in the military?
8. What was your previous address, and how long did you reside there?
9. What are your salary expectations for this position?
10. Do you have a high school diploma or equivalent?
11. Do you have a university or college degree?

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Learn how and employee hotline can help your ESG program here.