There are plenty of signs that the economy is recovering, but there are still plenty of unemployed and under-employed folks that haven’t seen the benefit of this recovery. Something that seems to go hand in hand with tough times; employment litigation. One of the most popular forms of employment litigation is Discrimination, and you might be putting yourself at risk today without even knowing it. An out of date Employment Application could be putting your small business at risk. If you haven’t reviewed your Employment Application recently, you should act fast and look out for these two important pieces, among others.
1 – Are you still asking applicants if they have been convicted of a felony? You should not be. As an employer you have the right to conduct background checks prior to employment, but you cannot ask about convictions in an Employment Application filled out prior to an interview.
2 – Are you asking any medical history questions about the applicant or their family? You should not be. I have never seen medical history requests on an Employment Application, but apparently they exist on some. In recent EEOC cases, multiple businesses have lost tens of thousands of dollars for asking medical related questions on applications.
Employment Applications are a vital part of the hiring process for any small business, but business owners need to make sure they are up to date. A simple question or two could be putting you at serious risk without you even knowing.
If you have questions or would like help reviewing your Employment Application, please reach out to Genesis HR Solutions at AskUs@genesishrsolutions.com or 800-367-8367.
Genesis HR Solutions is the premier PEO provider for Massachusetts based businesses.
