Legally problematic questions | Human Resource Management homework help

HRM410: Strategic Staffing

Application Form Assignment

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You are the new HR manager for this fictitious (private sector) company, which has hundreds of employees and is clearly obligated under Title VII and other major employment regulations.  Rather than starting over from scratch with a brand new application form, many HR managers would likely take a look at the existing form first.

 

Using the table located at the very bottom of this document, identify the ten (10) items that are legally problematic* on this employment application form, why they are problematic, and what could possibly be in their place, if applicable. Use of the table is required.

 

When you are done “save” or “save as” this document with your last name, then first initial and assignment name (e.g. SmithLApplForm.docx) and place your name in the table box above. Then load it to your Dropbox by end of Week 6.

 

Please email your instructor if you have any questions.

 

 

 

*By problematic we are looking for possible violations of various employment regulations. Note that some may not be blatantly illegal, but, rather problematic and best to avoid as a best practice.

 

One final tip:  Do not focus on stylist elements such as the layout of the application form or questions you do not “like.” Focus only on the legally problematic items.

 

 

Today’s Date                            

 

APPLICATION FOR EMPLOYMENT

ABC Payroll Company

An Equal Opportunity Employer

 

Position applying for:

 

Desired Rate of Pay

$                             per

 

 

PLEASE PRINT   This application form has been reviewed for fairness and job-relatedness.  Do not provide any unsolicited information.  Disabled applicants can request reasonable accommodation in completing this application.  Resumes are not accepted in lieu of completion of this application.

 

 

 

 

 

Mr./Mrs./Ms./Miss

Last Name

First, Middle Initial

Maiden Name

(if applicable)

 

(            )

Present Address

Street

City/State/Zip

Telephone Number (day)

 

 

(            )

(            )

Email Address (if applicable)

 

Telephone Number (evening)

Telephone Number (alternate)

 

Are you a citizen of the United States?           Yes      No

Are you legally eligible to work in this country?         Yes      No

 

Have you ever been convicted of a felony or arrested?    Yes    No  If yes, give dates and explain.  (Attach separate paper if necessary.)  This does not automatically mean you will not be hired.  The basis of the situation and how long ago are important.  Give all of the facts so that an informed decision can be made.

 

 

 

Are you at least 18 years of age?

 Yes

 No

Date available for employment: 

 

           

 

EDUCATIONAL DATA

School

Print Name, City, and State for Each School

Dates (mo/yr) of Attendance

Degree

Major Course of Study

High School

 

 

 

 

 

 

 

 

College

 

 

 

 

 

 

 

 

Graduate School

 

 

 

 

 

 

 

 

Other

 

 

 

 

 

 

 

 

Have you had any additional educational experience (other than data noted above), which relates to the job for which you are applying?   Yes    No

If yes, describe:

 

Page 1 of 4

 

 

 

List former jobs (most recent job first).  ALL SECTIONS MUST BE COMPLETED.  Account for all time periods including self-employment and military service.  If you have military service, please note specifics of discharge, dates, etc.  (Attach separate sheet(s), if necessary).

 

Employer

 

Dates Employed

Immediate supervisor

 

 

From

 

To

 

 

Address

 

Job Title

 

Telephone Number:

 

Work Performed

 

 

Reason for Leaving

 

                       

 

 

Employer

 

Dates Employed

Immediate supervisor

 

 

From

 

To

 

 

Address

 

Job Title

 

Telephone Number:

 

Work Performed

 

 

Reason for Leaving

 

                       

 

 

Employer

 

Dates Employed

Immediate supervisor

 

 

From

 

To

 

 

Address

 

Job Title

 

Telephone Number:

 

Work Performed

 

 

Reason for Leaving

 

                       

 

 

Employer

 

Dates Employed

Immediate supervisor

 

 

From

 

To

 

 

Address

 

Job Title

 

Telephone Number:

 

Work Performed

 

 

Reason for Leaving

 

                       

 

 

Page 2 of 4

 

 

 

 

EMPLOYMENT HISTORY

 

Have you ever been dismissed or forced to resign from an employment?     Yes    No

If yes, please explain.

 

May we contact your present employer?    Yes    No            Previous employers?    Yes    No

 

Please identify any exceptions and reasons for not contacting present or prior employers.

 

 

 

Please list any day(s), time(s) that you are not available to work:

 

 

 

SKILLS AND OTHER DATA 

Special Skills: List any job-related skills or qualifications that support your application for this position.

 

Computer skills: (if applicable to position applying for)

 

 

Professional licenses, registrations, certifications(note expiration dates)

 

Describe any organizations, memberships, affiliations of which you are a member.

 

What (if any) foreign language(s) do you read, write, or speak?  How were these skills acquired?

 

Please describe any disabilities you have that could affect your ability to perform this job.  If an accommodation is needed, please indicate.

 

 

 

 

PROFESSIONAL REFERENCES

  List three persons that are professional references (e.g. people you have worked for or with)

 

NAME

TITLE/COMPANY NAME

EMAIL ADDRESS

TELEPHONE NO.

 

 

 

(         )

 

 

 

(         )

 

 

 

(         )

 

 

Page 3 of 4

 

Hint: This page contains no intended errors. This is provided simply because sound application forms contain a disclaimer and signature page, and to provide you with an example of typical disclaimer verbiage.

 

 

 

 

I certify that the answers given herein are true and complete to the best of my knowledge.  I authorize the investigation of all matters contained in this application and hereby give permission to contact schools, previous employers, references, and others in order to verify the facts and information furnished with regard to my character and qualifications, and hereby release and indemnify this company from any claims or liability as a result of such contact.  I also hereby release employers, schools, and other persons from all liability in responding to inquiries in connection with this application.  I understand that misrepresentations, omissions of facts or incomplete information requested in this application may remove me from further consideration for employment.  In addition, if employed, any misrepresentations or omissions of facts called for in this application will be cause for dismissal at any time without any previous notice.

 

If I am offered and accept employment with the company, I understand that my employment is for no specific term and may be terminated by myself or the employer with or without notice or cause at any time.  I further understand that an oral promise, policy, custom, business practice or other procedure (including any employee handbook or any personnel manuals) does not constitute an employment contract or modification of the at-will employment relationship between employer and myself.

 

I understand that the contents of any employee handbook or personnel manuals are subject to change or modification, without notice. 

 

Print Name:

 

 

 

Signature:

 

Date:

 

 

 

This company is an equal employment opportunity employer.  We adhere to a policy of making employment decisions without regard to race, color, age, sex, religion, national origin, disability, marital status, or other legally protected classes.  We assure you that your opportunity for employment with us depends solely upon your qualifications.

 

 

 

 

Page 4 of 4

Please be very specific when completing all three of these columns/rows!! Stating that something “should not be asked” or “is illegal” is not specific. To receive full points consideration, be sure to note the specific legal reason or employment regulation of concern (in the “Why” middle column).

 

#

Note/Describe Problematic Item

Why is this problematic?

What would be appropriate in its place, if anything*?

Points

Earned

1

 

 

 

 

2

 

 

 

 

3

 

 

 

 

4

 

 

 

 

5

 

 

 

 

6

 

 

 

 

7

 

 

 

 

8

 

 

 

 

9

 

 

 

 

10

 

 

 

 

Total Points Earned For Assignment

 

 

There are exactly 10 legally problematic areas on this application form.  This assignment is worth 50 points total.  Each complete row above is worth 5 points each.  Points awarded (0-5) per row are based on accuracy of the information you have provided in each column.  Partial points may be awarded for the row if only part of the answer is correct (for example the problematic item is noted, but why it is problematic and/or the appropriate replacement verbiage is inaccurate).

 

*If you borrow verbiage from the text or another source for any part of your responses above, remember that you MUST use quotation marks and cite your source appropriately. Information copied from another source will result in zero points for the entire answer.

 

Example of full points answer(for illustration purposes only—this item is not on the application form above)

 

#

Note/Describe Problematic Item

Why is this problematic?

What would be appropriate in its place, if anything*?

Points

Earned

 

“Do you own a car?”

 

This answer is excellent. It addresses specifically why the item is problematic (possible Title VII violation) and provides appropriate replacement verbiage. It is also cited properly to the text since the wording was taken verbatim.  The next example is also perfectly fine as the answer is in the student’s own words (no citation required), and still addresses the specifics of the possible violation and appropriate replacement verbiage.

“Use of credit rating questions tend to have an adverse impact on minority group applicants and women and has been found unlawful in some cases. Unless shown to be job-related, questions on car ownership . . . may violate Title VII” (Gatewood, Feild, Barrick, 2008, p. 373).

“’Do you have the use of a reliable car?” (if car travel is required by the job’” (Gatewood, Feild, Barrick, 2008, p. 373).

5

 

The question about car ownership

This can violate Title VII since it can have an adverse impact on those in a protected class.

We can ask if they have access to a reliable vehicle if it is job related, meaning driving for the job is required.

5

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