What are Job Applications?

An appropriate job application will assist a municipality in gathering the necessary information about an applicant’s ability to do the job with or without a reasonable accommodation. In addition, the job application allows a municipality to gather unbiased information to utilize in the screening of applicants. Municipalities should not rely on job application forms available through their office supply company. These generic application forms often do not comply with Montana employment law. Job applications are available at your local job service office. Please note that municipalities can require additional materials to be submitted with the application, 
including resumes, transcripts, licenses, certificates and answers to supplemental questions.
In addition to the application or resume, all public employers in the State of Montana must provide a Veteran’s/Disability Preference form to external applicants. Applicants who wish to claim a preference for their initial hire must return this form, along with all required documentation prior to the closing date of the announcement. An example preference form can be obtained from MMIA or your local job service office. Below are guidelines for particularly sensitive or protected personal information that municipalities should ensure are appropriately addressed in any job application and screening process:
3. Governing the Municipality
Personal 
Information about the Applicant
What is Acceptable to Ask What is Not Acceptable to Ask
Age It is acceptable to require proof that the applicant is of legal working age but only after the person is offered the position. Do not include questions about the age of the applicant on the job application unless state or federal law requires a certain age—such as for a police 
officer to be age 18 or over. It is not acceptable to ask for an applicant’s birth certificate.
It is not acceptable to discriminate against applicants of any age. Birthplace Nothing It is not acceptable to ask about an applicant’s birthplace. Arrest or conviction It is acceptable to inquire about convictions. Include a disclaimer on the job description that a conviction
is not an automatic bar to employment. It is not acceptable to inquire if the applicant has ever been arrested. Children It is not acceptable to ask any questions about children during the 
hiring process. It is not acceptable to ask if an applicant has children, who cares for them, or if 
applicant has plans to have more children. Citizenship It is acceptable to ask if the applicant 
is legally eligible to work in the U.S. Employers cannot ask if applicants are citizens of the United States, except when hiring police officers. It is not acceptable to ask for proof of 
citizenship or work permits before hire. Disability It is best not to ask any question related to any type of disability or how an applicant can do a particular and specific essential job function. It is not acceptable to ask the applicant about their health or the health of their 
family which includes specific questions about disability, disease or pregnancy.
Personal Information About the Applicant
What is Acceptable to Ask What is Not Acceptable to Ask
Education It is acceptable to inquire into the academic, vocational or professional education of the applicant and the schools they have attended. It is not acceptable to require a high school 
diploma or other educational attainment when no relationship exists between the requirement and job performance. It is not acceptable to ask dates of attendance or dates of completion of high school education because it can reveal age.
Nepotism/Family Relations
It is acceptable to ask if an applicant is related to any current employee of the city/town—who 
and which department. This allows the municipality to avoid nepotism as defined in MCA 2-2-
Social Security Number
It is acceptable to ask for an applicant’s social security number at the time of conducting a 
criminal or credit background check. Typically, this happens after a contingent offer of hire 
has been made. It is acceptable to ask the applicant to complete I-9 and W-4 on the first day of work but never before hiring. It is not acceptable to ask for sensitive information until a valid reason requires it. Do not ask for social security number on the application. Race, color, religion, sex, national origin, marital status, political belief, age, physical or mental handicap
There are no questions regarding these qualities of an applicant that are acceptable to ask.
Any practice or inquiry that intentionally or unintentionally discriminates against these 
categories is unacceptable.
3. Governing the Municipality
Personal Information about the Applicant
What is Acceptable to Ask What is Not Acceptable to Ask
Marital Status It is not acceptable to ask any questions regarding marital status. It is not acceptable to ask marital status, name or occupation of spouse prior to hiring. Military It is acceptable to ask if military experience contributes to the applicant’s ability to perform the 
duties of the job for which they are applying. It is not acceptable to inquire into general 
military experience or the type of discharge they had. Legal Name It is acceptable to ask if an 
applicant has ever worked under a different name for reference and background checking purposes. It is not acceptable to ask original name of applicant whose name was changed by court order or otherwise. It is not acceptable to ask the maiden name of married woman or to ask names or dates if an applicant worked under another name. Organizations It is acceptable to request information about the applicant’s job-related professional organizations. It is not acceptable to inquire about the applicant’s non‐work-related club or organizational memberships. Photograph It is acceptable to require a photo of the applicant for identification purposes, but only after the applicant is hired. It is not acceptable to request photographs 
prior to employment.
Physical Characteristics
It is acceptable to explain manual labor, lifting or other requirements of the job. It is acceptable to show how the job is performed and to require a physical exam, at the employer’s expense, but only after the job offer has been made. It is not acceptable to ask height or weight 
(except where it can be justified by business necessity).
Montana Municipal Officials Handbook 68
Personal Information about the Applicant
What is Acceptable to Ask What is Not Acceptable to Ask
Reference Checks It is acceptable to ask the applicant’s references about their work experience and qualifications. It is not acceptable to request religious or personal references from the applicant.
Reliability, attendance
It is acceptable to ask the applicant about his or her availability to meet business needs.
It is not acceptable to inquire about family size and status or health issues. Religion It is acceptable to inform the applicant of the scheduled work week for the position. It is not acceptable to inquire into an applicant’s religious affiliation, church, pastor or holidays observed.
Sex

It is acceptable to ask an applicant’s sex, only if the employer has a bona fide occupational qualification for asking, or for EEO reporting if files are kept separate from personnel forms available to those who make the hiring decisions. Seek legal counsel for guidance. It is not acceptable to make a preemployment inquiry which expresses any limitation, specification or discrimination about sex unless based on bona fide occupational qualification
Skills Testing

It is acceptable to use skills tests for selecting the best qualified applicants when the 
skills tests accurately reflect the required skills for the position and when all applicants are required to take the same test. It is not acceptable to use skills tests when no direct relationship exists between the test and the requirements of the position.