Eeoc what is an applicant

Similarly, moving candidates between requisitions suggests that the employer considers candidates for more than one position and allows the agencies to count them multiple times. Instead of moving them, consider inviting them to apply for another suitable requisition.

DMTs allow employers to consider some of the candidates, and those not reviewed do not count against the employer. This technique is especially helpful for entry-level, high-volume positions. To use this technique, look at the candidates in batches, such as 10 or 20 at a time, by a qualification-neutral means, such as timing — first received or most recently received.

Once you have enough successful candidates to move on to the next phase, stop reviewing. Unlike a conviction, an arrest is not reliable evidence that an applicant has committed a crime. Thus, an exclusion based on an arrest record is justified only if the conduct appears to be job-related and relatively recent and also if the applicant or employee actually engaged in the conduct for which he or she was arrested.

As stated in this EEOC summary :. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II employment agencies, labor organizations and joint labor-management training and apprenticeship programs—referred to as "covered entities" from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.

Employers should tread with caution when designing employment application forms. It is best to have company legal counsel review the form before distribution. As with interview questions, certain questions, such as those related to religion, arrest record and year of graduation from high school or college, should be avoided on application forms.

Questions pertaining to race and asking for Social Security numbers are discussed below. A key issue is whether race and gender can be asked on an application, as it is often legitimately needed for affirmative action purposes or to track applicant flow. One way to obtain this information and simultaneously guard against discriminatory selection is for employers to use a voluntary self-identification form and to keep the information separate from the application.

In that way, the employer can capture the information it needs and also ensure that it is not used in the selection decision. Employers generally should not request Social Security numbers SSNs on an employment application form. Obtaining SSNs on the application increases the risk of identity theft and general privacy concerns because the application is often viewed by individuals who do not have a need to know this information. The employment application should request only information directly related to an applicant's ability to perform a specific job.

As a general practice, employers should request SSN information only when absolutely necessary—for example, in conjunction with a background check, when completing a Form W-4 or when enrolling the employee in a benefits plan.

This information should be requested separately from the employment application, and safeguards should be in place to protect and keep this information confidential. Employers should also implement procedures for safe disposal of this information once an employment decision has been made. Some states have adopted privacy and data security laws that require employers to have security measures in place if applications asking for SSN information are transmitted over the Internet or sent by mail when not in a sealed envelope.

A growing trend in state and local laws prohibits asking about a job candidate's salary history due to concerns that this practice may perpetuate gender and racial pay gaps if employers base a new employee's pay on the individual's previous salary.

If employers are asking these questions, they would have difficult time proving the questions were not used in the hiring decision. In addition, as stated previously, many state employment laws expressly forbid certain types of questions.

Following is a representative list of unacceptable and acceptable questions. Please note that this list is NOT all-inclusive. If age is a legal requirement, can ask "If hired, can you furnish proof of age? Do you have a university or college degree? Thus, an exclusion based on an arrest record is justified only if the conduct is job-related and relatively recent and also if the applicant or employee actually engaged in the conduct for which he or she was arrested.

According to the EEOC, whether there is a business need to exclude persons with conviction records from particular jobs depends on the nature of the job, the nature and seriousness of the offense, and the length of time since the conviction or incarceration. In addition, some states bar the use of arrest records in employment decisions. Rather, compensation decisions should be based on the value of the position to the organization, competition in the market and other bona fide business factors.

In November President Obama announced an executive action directing federal employers to delay asking questions about a job applicant's criminal history until later in the application process. Many states, cities and private employers have already taken steps to "ban the box," which refers to the checkbox on employment applications asking if the applicant has ever been convicted of a crime.

However, some federal employers and contractors still ask the question. The president's executive action will apply to federal employers, but not to contractors. Can a recruiter ask a candidate if he or she owns a car? Can an employer ask a job applicant about political party preferences during a job interview? Is there a problem with writing notes directly on applications or resumes? Application: Employment Application 2. Recruiterbox is now Hire, part of the new Trakstar Trifecta alongside Learn and Perform Learn more about how the Trakstar platform is revolutionizing talent management through integrated, flexible solutions.

EEOC Compliance Most American employers are accountable to federal laws that make it illegal to discriminate against a job applicant or an employee based on race, color, religion, sex, national origin, age, disability or genetic information. See why thousands of top companies use Trakstar Hire to manage hiring Learn More. Who is Trakstar? These laws protect you against employment discrimination when it involves: Unfair treatment because of your race, color, religion, sex including pregnancy, gender identity, and sexual orientation , national origin, age 40 or older , disability or genetic information.

Harassment by managers, co-workers, or others in your workplace, because of your race, color, religion, sex including pregnancy, gender identity, and sexual orientation , national origin, age 40 or older , disability or genetic information. Denial of a reasonable workplace accommodation that you need because of your religious beliefs or disability.