Excerpt Small Business Employer Guide

Phase 1A (Initial Application/Interview Phase)
In addition to identifying important job-related qualifications, this phase provides documentation to help meet the burden-of-proof in the event your selection decision is challenged. Let’s review each form, numbered in the order outlined on the Applicant/Employee Processing Form.

1. Employment Application
The Employment Application is the most important form a candidate completes. If you think about it, it’s the only form the company uses to obtain historical, job-related information about the person. Information from this form, alone, (assuming it’s properly completed) can paint a picture of the candidate’s work life. Here are several critical points you need to know about applications:

According to the federal Equal Employment Opportunity Commission (EEOC), all “applicants” (as defined by EEOC) must complete an employment application. Employers are required to maintain completed applications for individuals who are not hired for a period of one year. Take all notes on a separate piece of paper, not on the application.

• Always obtain an employment application for candidates interviewed, even if they
present a resume. Resumes lack rates of pay, former employer addresses and, of course, answers to important questions such as the one related to criminal convictions. Do not allow applications to leave the building. Applications are the property of the company and should be completed on-site.

• Ensure the application is completed in its entirety. Look for unanswered questions!
They are “red flags.” Require candidates to complete any unanswered questions prior to the interview. Before the interview, always read the application, compare it to the resume, and make notes of any discrepancies. Ask candidates to explain inconsistencies. Look for gaps in employment. Ask candidates to explain all gaps. Read between the lines! If a candidate notes “personal” as a reason for leaving, require details.

• Yes, you can (and should!) ask about any criminal convictions. Job-related criminal convictions may be considered. Arrest records may not be used to make employment decisions.

• If a candidate is under the age of 18, check state and federal child labor regulations to ensure compliance. There are steep fines and penalties for noncompliance with regulations pertaining to minors. (Most of these relate to the type of work and hours.)

If an applicant requests an accommodation (due to a disability) to participate in the application process, the Americans With Disabilities Act requires covered employers to provide a reasonable accommodation to the needs of an applicant, unless it creates an undue hardship.

Who Should Complete an Employment Application?

All candidates if walk-in applicants are solicited.

Candidates invited in after screening telephone calls.

Candidates invited in after selection from a pool of resumes.

2. Interview Questions
During the personal interview, you have a unique opportunity to obtain valuable information about candidates. However, the success of the interview is completely dependent upon the quality of your interviewing skills. First and foremost, prior to conducting the interview, ensure that time has been taken to carefully read and study the application. Formulate questions from the application. Also, most interviews should last anywhere from 30 to 60 minutes. The longer you spend with a candidate, the more you can learn about the individual._____________________________________________

*This information is continued in the ebook*

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