Warning about 'one size fits all' job applications

If your company has locations in different states, you’ll want to pay attention to this recent lawsuit:
Starbucks was sued because of the language in its job application. One of the questions asked applicants if they’d ever been convicted of a crime.
It’s typical question many employers asked. But the problem: California has a quirky law forbidding employers from asking job applicants about marijuana-related misdemeanors more than two years old.
There was a legal disclaimer telling California residents not to disclose that information, but only as part of a long list of state-specific fine print on the opposite side of where the question was printed.
So three Californians sued, claiming the question was illegal in their state. They asked for a total of $26 million in damages.
The case was eventually thrown out because none of the applicants had any marijuana-related convictions — therefore, they couldn’t prove they were harmed by the questioning.
But the court did agree there was a problem with the placement of the disclaimer. To stay safe, Starbucks should’ve had a California-specific application and put the clarification right after the question.
Several states have their own regs about what companies can ask prospective employees. Employers with branches in different states should be aware that a legal application in one location could cause problems in others.
Cite: Starbucks Corp. v. Superior Court