Employment application tips from HR Matters E-Tips
Here’s another nice bit of advice in Q. & A. form from HR Matters E-Tips, a free e-mail newsletter you can sign up for here.
“Q: Should we require applicants to fill out an application form for every job opening even if we have their resumes? What should we do with
unsolicited application forms and resumes?
A: There are three good reasons to use a standardized application form.
First, a form can elicit information that may be missing from the
applicant’s resume and help you fill in any gaps in the employment
history.
Second, it establishes a single, uniform document for each job
candidate. The standardization of your information gathering makes it
easier to compare job candidates objectively and can help protect
against discrimination claims.
Third, application forms are good vehicles for important notices, such as
equal employment opportunity statements, information about at-will
status, and background check requirements. Therefore, to maintain
uniformity and ensure that all applicants receive the notices, you should
require every candidate to submit an application.
The type of application form you use also can be important. Some
employers use the same application form for all positions, while others
use specialized forms adapted for each job. The job-related form
ordinarily includes a general section for collecting basic screening
information applicable to any job, and then has a job-specific section for
gathering information relevant to a particular position.
An application form that spells out the functions of the particular job, or
that includes a job description, can also be helpful in complying with the
Americans with Disabilities Act (ADA). These written job duties can be
used to identify the essential functions of a job for purposes of evaluating
a disabled person’s ability to perform that job. Finally, no matter what
form you use, have it reviewed by legal counsel to ensure that it does not
contain questions or statements prohibited by law.
Unsolicited Applications and Resumes
The issue of accepting unsolicited applications and resumes is a more
difficult question, and there is an ongoing debate regarding the topic. An
argument in favor of this practice is that it provides expanded access to
qualified applicants. You never know when the profile of “just the right
person” might cross your desk, even though no job is currently available.
The acceptance of unsolicited applications and resumes, however, can
raise questions about the makeup of your applicant pool for affirmative
action compliance and equal employment opportunity purposes. For
example, government contractors that are required to implement an
affirmative action program must compile information regarding the
number of applicants who are females, minorities, disabled, or Vietnam-
era or disabled veterans. Thus, contractors may have to count as an
“applicant” anyone who is actually considered for an opening, even if the
person has only sent a resume and has not formally applied for that job.
Furthermore, if unsolicited applications and resumes are accepted and
then treated inconsistently, you may be exposed to claims that the
acceptance procedure itself is discriminatory.
The safest way to guard against these claims is to prohibit the
acceptance of unsolicited applications and resumes. However, you must
apply the policy without exception (i.e., you should discard all unsolicited
resumes), or you run the risk that your files may end up being used
against you in a hiring discrimination case.
At the same time, if you do decide to accept unsolicited applications and
resumes, you should accept all of them, again so as to be consistent and
not establish any discriminatory patterns. Finally, remember that once
you accept them, they then become employment records, and you have
to comply with state and federal record retention requirements dealing
with how long they must be kept.”
The issue of unsolicited resumes is tough. The downside of keeping them and sometimes following up on them may be outweighed for some employers by the obvious benefits. Consistency is the key. A compromise is to keep for a set period of time (such as two months) and send form letters to that effect if there are no suitable openings when received. People can then resubmit resumes after that time has expired if they are still interested.
