As an employer, it is important to consider what to include, and what not to include, in employment applications to stay compliant with the law. Here are a few tips to consider when drafting employment applications. The first tip is to include an At Will disclaimer in your employment application, which is the same disclaimer that you should also have in your Handbook. At Will disclaimers inform the applicant that if there is a job offer and subsequent employment, such employment will be on an At Will basis. The second tip is to include an EEO statement or non-discrimination statement at the top of the application to notify applicants that the company is an equal opportunity employer. The third tip is to be careful with the education portion of your employment application. Questions regarding the date the applicant attended or graduated from an educational institution can insinuate that you are looking for applicants of a certain age and can be considered a violation of age discrimination laws. The fourth tip is to make sure that, if relevant, the Fair Credit Reporting Act authorization is included on a document separate and apart from the employment application. And finally, the last tip is to remember that the application should not inquire about citizenship status, but whether the applicant is legally qualified to work in the United States. To learn more about employment applications, listen to this week’s Telebrief here.
Also in this week’s Telebrief: Tips for how to conduct a workplace harassment investigation and how to handle religious accommodations for new employees.
Questions about employment applications or other topics from this week’s Telebrief?
About the Telebriefs®
The Telebriefs® are 30-minute, information-packed phone calls geared towards executives, HR directors, supervisors, managers, and business owners. Join Howard K. Kurman, as he discusses employment law developments occurring over the past two weeks that will most significantly impact employers nationwide. These twice-monthly phone calls are an easy way to stay current and compliant with the latest employment law developments that will significantly affect you and your company. The goal is to provide information and insights to help executives stay current with the latest workplace law developments and in front of trends, to enable proactive policy-making and management. Our guarantee: You will learn something useful, on every call!
About the Presenter
Howard K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.
You can connect with Offit Kurman via our Blog, Facebook, Twitter, Google+, YouTube, and LinkedIn pages. You can also sign up to receive Law Matters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.
MARYLAND | PENNSYLVANIA | VIRGINIA| NEW JERSEY | NEW YORK | DELAWARE | WASHINGTON, DC