Running head: DEVELOPING A LAWFUL APPLICATION BANK 1
Case Study 3: Developing a Lawful Application Bank
Owen Odiase
BUSI 643 Workplace Planning & Employment
November 22nd, 2020.
DEVELOPING A LAWFUL APPLICATION BANK 2
Chapter 8: “Developing a Lawful Application Bank”: Complete the chart
Questions Terry Is Considering Including on Application Bank
Question About Probably Lawful Probably Unlawful Justification
Birthplace It is considered
illegal for companies
to inquire about the
birthplace of
applicants or their
family members.
Previous Arrests According to the Fair
Credit Reporting Act
which was enacted to
promote fairness,
accuracy, and the
privacy of consumer
information;
companies can only
consider convictions
as it is unlawful to
inquire about an
applicant’s previous
arrests.
Previous Felony It is lawful to inquire
about felonies as it
will be a factor in
determining job
performance.
Distance Between
work and residence
Inquiring about an
applicant’s current
address is lawful, the
length of time at the
current address, and
the distance from
work is often taken
Domestic
Responsibilities
It is unlawful to
inquire about
domestic
responsibilities
because it does not
relate to the
candidate’s ability to
carry out his or her
DEVELOPING A LAWFUL APPLICATION BANK 3
job function.
Height Inquiring about a
candidate’s height
can only be
considered lawful if it
pertains to the
candidate’s ability to
perform the actual
job duties and
responsibilities.
Weight It is considered
lawful if it pertains to
the person’s ability to
perform actual job
duties and
responsibilities.
Previous work
experience
Previous work
experience is a major
factor when finding
the right fit for an
open position so it is
considered lawful to
inquire about
previous work
experience.
Educational It is lawful to inquire
about the educational
attainment of the
applicant’s degree.
Grade Point Average It is lawful to inquire
about the GPA of an
applicant because it
shows a candidate’s
work ethic and ability
to achieve top results.
Received Workers
Compensation in the
past
It is unlawful to
inquire about
workers’
hiring companies.
into consideration by
DEVELOPING A LAWFUL APPLICATION BANK 4
compensation or
other similar claims.
Currently receiving
workers’
compensation
Worker’s
compensation is an
area that should be
left for the HR
department and not
the hiring manager.
So, it is unlawful to
inquire about
workers’
compensation or
other similar claims.
Child Care
arrangements
It is unlawful to
inquire about child
care arrangements
and whether it will
hinder job
attendance.
This is a sensitive
topic that can create
problems later down
the road when
handled poorly by
management.
Age It is unlawful to
require the applicant
to show a birth
certificate, or
baptismal record, or
high school
graduation record, or
attainment
Favorite high school
subjects
It is unlawful to
inquire about the
applicant’s favorite
high school subjects
as it has no bearing
on how they will
perform their job
functions.
DEVELOPING A LAWFUL APPLICATION BANK 5
any inquiry that
would indicate that
the applicant is over
40 years of age.
Sex It is unlawful to
inquire about the
applicant’s sex.
An applicant’s ability
to perform his or her
job role should never
be based on gender.
Home Ownership It is unlawful to
inquire about
homeownership from
an applicant.
Any current medical
problems
It is unlawful to
inquire about any
past or current
medical conditions.
Have you provided
complete/ truthful
information?
It is lawful to inquire
about the truthfulness
of the application
Reason for leaving
the previous job
It is lawful to inquire
about previous work
experience.
Length of time in a
previous job
It is lawful to inquire
about the length of
time at a previous
job. Recruitment and
training can be an
expensive investment
and hiring manager
inquire because they
want to make sure the
candidate would be
the right fit.
DEVELOPING A LAWFUL APPLICATION BANK 6
because honesty in
the workplace
provides a solid
foundation for
productive teams.
Native Language It is unlawful to
inquire about the
applicants’ native
language or
naturalization status.
Jones, R. B. (2016). Lawsuit abuse adds to the woes of state's businesses: Improper job
application questions prompt lawsuit with local implications. (law). San Diego Business
Journal, 24(24), 11.
OK to seek
references from your
previous employer?
It is lawful to seek
general references
either personal or
work-related.
References help
managers determine
whether the
applicant’s actual
work experience lines
up with the
information provided
in the resume.
History of mental
illness
It is unlawful to
inquire about any
past or current
medical conditions.
The Americans with
Disabilities Act was
enacted to prevent
potential employers
from asking an
applicant’s questions
about any physical or
mental disabilities.
DEVELOPING A LAWFUL APPLICATION BANK 7
Sugie, N. F. (2017). Criminal record questions, statistical discrimination, and equity in a “Ban
the box” era. Criminology & Public Policy, 16(1), 167-175. doi:10.1111/1745-
9133.12265
Vuolo, M., Lageson, S., & Uggen, C. (2017). Criminal record questions in the era of “Ban the
box”. Criminology & Public Policy, 16(1), 139-165. doi:10.1111/1745-9133.12250
Powered by TCPDF (www.tcpdf.org)
Get Recommendation
from pastor/priest
It is unlawful to
request a
recommendation
from a member of the
clergy because it has
no relation to the job
requirements.
References
Agan, A. (2017). Increasing employment of people with records. Criminology & Public Policy,
16(1), 177-185. doi:10.1111/1745-9133.12266
Willing to work on
Easter or Christmas
It is unlawful to
inquire if the job
applicant can work
on any particular
religious holiday.
