Falsification of a job application, or lying during an interview, is generally considered disqualifying misconduct. However, that does not apply very easily if the claimant lied in answering an illegal question, i.e., a question that the employer is not supposed to be asking. For instance, the Americans with Disabilities Act makes pre-employment medical inquiries almost impossible. If your job application has a question about prior back injuries, and the applicant lies about that, the lie may not be considered misconduct. The ruling may be that whatever misconduct the claimant committed was excused by the unconscionable act of the employer in asking such an illegal question. Here is a list of questions that are usually illegal:
Have you ever declared bankruptcy?
Do you have any disabilities or medical problems?
What is your hair and eye color?
What religious holidays do you observe?
Give your date of birth:
What was your maiden name?
How many children do you have?
Are you a U.S. citizen?
This is just a short list. There are dozens of ways to violate various job discrimination laws by asking the wrong questions on job applications. Basically, you will have trouble with any question that gives any kind of clue whatsoever to an applicant's race, color, religion, gender, age, national origin, or disability. A good general rule of thumb for an application or interview question is whether it will help you decide whether a certain applicant is the best qualified individual for the position. If it won't help you make that determination, leave it off the application, because it can put you at unnecessary risk of a claim or a lawsuit.