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Employment Applications

Aaron HAaron H 16 Posts
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I work for a pavement maintenance company in Wisconsin and We are in the process of updating our employment application and job descriptions. In the past, we have used one job description for all crew members and have not used driving as an essential function. Having a large number of employees without licenses causes a problem because we require many vehicles to be used. We will now have two job descriptions for crew members. One (Driver/Laborer) will require a valid driver's license. The other (General Laborer) will not. Now, we can accept applications for both and if we need employees who drive, we can select from that pool. We do checks on driver's records on all employees and I have been told that it is absolutely necessary to get written permission from applicants before conducting a criminal check or a DMV license summary. I added a statement on the application stating that the applicant gives permission for us to do these checks if they sign and date that section. Can I also ask for the person's driver's license number on the application? Since we have two job descriptions, we will not be ruling anyone out by them not having a license. I would really appreciate any help on this issue. If I left anything out, let me know.

Thanks,

Aaron
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  • Don DDon D 9,834 Posts
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    Driver's license numbers are required for motor vehicle records searches. Social Security numbers are required for certain employers to check child abuse registries (public information in many states and should be in others). Date of birth is required to run complete criminal background checks. Creditworthiness information is required to adequately check out an accounting candidate. [The EEOC will practically suggest that your application should contain not much more than name and telephone number. They frequently cringe when they see the legal question about crime conviction and have asserted that people who state no work history are frequently those who have been denied employment opportunity.} The FCRA requires that you have on file a separate authorization form signed by the applicant in order to perform most of these checks, not a statement at the end of the application. Our attorneys long ago suggested that we include such questions on applications if they have a LEGITIMATE basis, as determined by the company, which they do; and, to add a disclaimer on the application stating that this information is voluntary and will not be used to discriminate against you in any manner inconsistent with law and will only be used to further process your application and to assist us in qualifying your application for consideration for employment opportunities here.
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  • Aaron HAaron H 16 Posts
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    Thanks Don
    That advice helps. I decided to include a seperate form that we can hand out with the application, but does not necessarily need to be kept with it.

    Thanks again,
    Aaron
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  • Don DDon D 9,834 Posts
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    I don't know exactly why the Fair Credit Reporting Act requires a separate form for this, unless its because they think we might hide something in small print on an application and the applicant might not know we're running a broad background on him. I only use this for a few positions and we outsource these pieces of the background search. But, I still keep it all with the app in the personnel file if they're hired.
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