Employers are given a great deal of discretion by the law in establishing application procedures. That being said, once you establish your policy or a specific procedure, you are then required to apply it fairly and consistently to all applicants.
When you are trying to fill a position, you're likely to have several applicants for that position. Your next step will be to screen your job applicants which means that you should first determine who is an applicant and then acknowledge those applicants. You will have to determine by what means you're going to obtain the information you need from your applicants to fill your open position with the best candidate for the job.
You're hiring help for your business and assuming you have effectively publicized the opening, responses in the form that you have requested will now start to arrive. So what's the next step in the hiring process? Do you simply shift through the paper or virtual stack of resumes or filled-in applications?
Actually, there is a clear-cut process to follow once responses to your job opening are coming in:
If you're not receiving a lot of resumes, calls, and letters, you don't need to worry too much about setting up a formal policy for deciding who is an official job applicant and who isn't. In the smallest businesses, anyone who expresses an interest, orally or in writing, can be considered an applicant.
However, if you have 15 or more employees, federal anti-discrimination laws and rules under the the Equal Employment Opportunity Commission (EEOC) require that you keep records of all applicants for one year to ensure that you aren't excluding people in protected groups (groups by race, color, ethnicity, national origin, religion, gender, age (over 40), disability, or veteran status). Therefore, it becomes important to decide exactly what a person must do in order to be considered an applicant. Your state may have similar laws regarding applicants which apply to businesses with even one employee.
Technically defined, applicants are those persons who have indicated an interest in being considered for hiring, promotion, or other employment opportunities. Applicants need not necessarily include those who submit unsolicited resumes if you have a policy not to accept them.
Employers are given a great deal of discretion by the law in establishing application procedures. That being said, once you establish your policy or a specific procedure, you are then required to apply it fairly and consistently to all applicants.
The best way to facilitate your applicant process is to set up an uncomplicated intake system for responses you receive in regards to filling your open position.
It's up to you to design your application or resume intake system. When doing so, you'll want to weigh the following considerations:
The two most common ways to get information from job applicants are through applications and resumes. Each has pros and cons:
Testing applicants is another method of getting information from them. A few industries and jobs require certain testing, but most are at your discretion. Generally, what you need in an employee will determine what, if any, testing you want to do. Refer to your job description if you have one, and see if any of the requirements necessitate testing.
Other types of materials might be requested, depending on the type of position you are trying to fill.
It would be not only appropriate, but expected, to ask a graphic artist to present a portfolio of his or her art work or a catalog model for a portfolio of catalog photographs he or she has appeared in.
It's a good practice to acknowledge everyone who applies for a job with your business. Why? It maintains good will and saves you from getting lots of inquiries from applicants who want to know if you received their application or resume.
If you don't get a lot of inquiries, the cost (in time and dollars) of acknowledging applicants generally won't be so prohibitive that you can't afford to do it.
The Business Tools include some sample letters that you can use to acknowledge inquiries and to assist you with the often delicate task of advising unsuitable applicants that they will not be considered for employment.
What if you are inundated with inquiries? In that case, you'll have to make the call as to whether the good will you may receive from sending out acknowledgments is worth it.