Quesitons on an Application
Meg
54 Posts
Hello everyone. I am hoping I may get your thoughts on an application I have seen. I think that while some of these questions may be legal (this is for California) they could be a potential problem.
I will appreciate any suggestions or comments! Thanks!
1) If you have lived in other cities for the past seven years, please list cities and corresponding dates. (Couldn't this get into national origin?)
2) Have you ever, under your name or a name of another, been convicted of a felony or a misdemeanor? Did any convictions result in imprisonment?
If yes, explain each conviction fully. When, where, or what you were convicted, disposition of the cases, dates of release of confinement. (I found some guidelines on the web that stated these questions are permissible. However, I don't think it is a good idea? Do you? )
3) Are you able to perform the essential functions of the job for which you are applying with or without reasonable accommodation?
If no, describe the functions that cannot be performed...
(I would think that this question would not need to be asked on the application. Maybe have a statement that informs the applicant that if he or she need assistance in the application process, to please notify HR. But, wait until you have the phone screen or interview and inform the applicant that, "these are the essential functions, can you perform them?)
4) Have you used non-legal drugs in the last six months? (Why bother asking? Would anyone admit to it? What if we have a sign that we are a drug-free work place and that offer is contingent upon successfully completing the drug test? )
5) Is there any reason who you would not be able o fully conform to all attendance requirements? Describe fully? (Why not state, "These are the days this job requires you to be at work, and there are the times...can you do this?)
(These last two - again, why ask?)
6) Do you use alcohol to the extent that it would impair your job performance?
7) How many Mondays or Fridays were you absent last year other than on vacation leave?
I will appreciate any suggestions or comments! Thanks!
1) If you have lived in other cities for the past seven years, please list cities and corresponding dates. (Couldn't this get into national origin?)
2) Have you ever, under your name or a name of another, been convicted of a felony or a misdemeanor? Did any convictions result in imprisonment?
If yes, explain each conviction fully. When, where, or what you were convicted, disposition of the cases, dates of release of confinement. (I found some guidelines on the web that stated these questions are permissible. However, I don't think it is a good idea? Do you? )
3) Are you able to perform the essential functions of the job for which you are applying with or without reasonable accommodation?
If no, describe the functions that cannot be performed...
(I would think that this question would not need to be asked on the application. Maybe have a statement that informs the applicant that if he or she need assistance in the application process, to please notify HR. But, wait until you have the phone screen or interview and inform the applicant that, "these are the essential functions, can you perform them?)
4) Have you used non-legal drugs in the last six months? (Why bother asking? Would anyone admit to it? What if we have a sign that we are a drug-free work place and that offer is contingent upon successfully completing the drug test? )
5) Is there any reason who you would not be able o fully conform to all attendance requirements? Describe fully? (Why not state, "These are the days this job requires you to be at work, and there are the times...can you do this?)
(These last two - again, why ask?)
6) Do you use alcohol to the extent that it would impair your job performance?
7) How many Mondays or Fridays were you absent last year other than on vacation leave?
Comments
What would be the purpose for asking this question? It seems irrelevant to me.
>2) Have you ever...been convicted of a felony or a misdemeanor?
This is a legal question. I guess what I'd want to know is what the business need is behind asking it? There's a big difference if the person is going to be roofing houses versus working as a correctional officer in a prison setting.
>3) Are you able to perform the essential functions of the job...?
I agree, wait till the interview?
>4) Have you used non-legal drugs in the last six months?
You're correct, in that if they are/have been using they're likely not to admit to it. On the other hand, having them document that lie can be useful.
>5) Is there any reason who you would not be able to fully conform to
>all attendance requirements? Describe fully? (Why not state, "These
>are the days this job requires you to be at work, and there are the
>times...can you do this?)
Yes, I prefer your suggestion. Less risky in opening that proverbial can o'worms.
>(These last two - again, why ask?)
>6) Do you use alcohol to the extent that it would impair your job
>performance?
I would NOT ask this question.
>7) How many Mondays or Fridays were you absent last year other than on
>vacation leave?
I'd let Q.5 (above) suffice.
1) If you have lived in other cities ...
A background check would reveal this and the answer to question 2 as well. Couldn't the applicant sign something agreeing to a criminal background check?
2) Have you ever...been convicted of a felony or a misdemeanor?
3) Are you able to perform the essential functions of the job...?
Yep, wait till the interview.
4) Have you used non-legal drugs in the last six months?
Our company drug screens all new hires, and all employees are subject to random drug screens. If your company does this, that question is unnecessary.
5) Is there any reason who you would not be able to fully conform to
all attendance requirements? Describe fully? (Why not state, "These
are the days this job requires you to be at work, and there are the
times...can you do this?)
Unless the applicant raises issues about day care, medical issues, etc., assume they are available on the days required. You could discuss these during the interview. The employee would be subject to any absenteeism/disciplinary policy you have in place if this became a problem.
6) Do you use alcohol to the extent that it would impair your job
performance?
I wouldn't ask this one, either.
7) How many Mondays or Fridays were you absent last year other than on
vacation leave?
Like watrsflo, I'd let Question 5 cover this.
>
>1) If you have lived in other cities ...
>A background check would reveal this and the answer to question 2 as
>well. Couldn't the applicant sign something agreeing to a criminal
>background check?
We ask applicants to state how many long at current address and addressed for the last 7 years. We conduct criminal and federal criminal and need to know if the applicant has lived in other states.
>
>2) Have you ever...been convicted of a felony or a misdemeanor?
This is a legal question, just make sure your wording conforms to your state law if applicable and state that conviction is not an automatic bar to employment.
>
>3) Are you able to perform the essential functions of the job...?
>Yep, wait till the interview.
I agree.
>
>4) Have you used non-legal drugs in the last six months?
>Our company drug screens all new hires, and all employees are subject
>to random drug screens. If your company does this, that question is
>unnecessary.
I agree, again, if your state has any special wording requirements, make sure you use them.
>
>5) Is there any reason who you would not be able to fully conform to
>all attendance requirements? Describe fully? (Why not state, "These
>are the days this job requires you to be at work, and there are the
>times...can you do this?)
>Unless the applicant raises issues about day care, medical issues,
>etc., assume they are available on the days required. You could
>discuss these during the interview. The employee would be subject to
>any absenteeism/disciplinary policy you have in place if this became a
>problem.
State the hours of the position in the interview.
>
>6) Do you use alcohol to the extent that it would impair your job
>performance?
>I wouldn't ask this one, either.
>
>7) How many Mondays or Fridays were you absent last year other than on
>vacation leave?
>Like watrsflo, I'd let Question 5 cover this.
>1) If you have lived in other cities for the past seven years, please
>list cities and corresponding dates. (Couldn't this get into national
>origin?)
>
The only benefit I see to having this info is that when you pay a service to check criminal history, they charge by the county and they will check whatever counties you ask them to check, anywhere in the country. People who have moved around often do not list jobs or indicators located in counties where they were in trouble with the law. Since there is no nationwide database for crimes committed at the county or municipal level in the U.S., this is virtually the only way to secure the information, unless you get it accidentally. But, it seems a stretch IF you have a solid, no-gap, work history on the app. which will reveal, in most cases, city of residence.
>2) Have you ever, under your name or a name of another, been convicted
>of a felony or a misdemeanor? Did any convictions result in
>imprisonment?
>If yes, explain each conviction fully. When, where, or what you were
>convicted, disposition of the cases, dates of release of confinement.
Legal, but rather complicated. Ours does ask for convictions and disposition. Lots of folks disagree, but still legal if your company wants the info.
>3) Are you able to perform the essential functions of the job for
>which you are applying with or without reasonable accommodation?
>If no, describe the functions that cannot be performed...
I think the early ADA training and informational papers indicated this sort of questioning should be posed at the interview stage after the job duties have been explained. Who could answer the question anyway at the application point unless the application has job descriptions attached to it? This is out of line and out of place.
The drug and alcohol questions are probably there in an attempt to intimidate or 'send major messages' to applicants that this and that won't be tolerated. Sort of a waste of application space.
>
>
>7) How many Mondays or Fridays were you absent last year other than on
>vacation leave?
My vote is that this question will tend to elicit information from the applicant that might reveal a disability or medical condition. Obviously the question is solely related to SICK leave and has no place on an application OR in an interview. If you're trying to trick applicants into a discussion of their use of sick leave, that ice is the thinnest in the pond.
Is that an FBI or a Secret Service application? I didn't see blood type mentioned.
Have you had any arrests? If so, what was the nature?
Absolutely NOT! This one has long been linked to protected class adverse impact issues. Steer clear!!
"Are you now, or have you ever been, a member of the Communist Party?"
Obviously, times have changed.
The question of reasonable accommodation should only be asked after a conditional offer has been made. Although it ties our hands a little more, the EEOC says we don't need that information to make our hiring decision.
I think everyone did a good job of covering all of your other questions.
Happy weekend, everyone!