Liability Exposure Trends in Recruitment: An Assessment and Analysis of Retail Employment Applications

Abstract

For many years interviews and written applications required the job applicant to provide answers to a wide range of questions. Initially the employer could and did ask questions on any subject in which he/she had an interest, including those of a personal nature. If the prospective employee refused to provide the information, the application was simply discarded without regard for any issues arising, involving discriminatory/disparate treatment or disparate impact on the job applicant. This article examines national and regional retail outlet employment applications. Our examination of these employment applications considers the information each application solicits, whether those questions seek information that would likely reveal an applicant's membership in a protected class, and thus to what degree retail employment applications create a discriminatory legal liability for the employer.