Reference Check Laws
The Legal Issues of Reference Checking - Checkster
Reference Check Laws. When examining any legal issue, it’s important to consider how both state and federal laws apply. Federal Law for Reference Checks. The main federal laws that apply to reference checks are related to discrimination and defamation. These are the criteria for a discriminatory reference:
https://www.checkster.com/blog/the-legal-issues-of-reference-checking
Reference Checking - U.S. Office of Personnel Management
Reference checking is primarily used to: Verify the accuracy of information given by job applicants through other selection processes (e.g., résumés, occupational questionnaires, interviews) Predict the success of job applicants by comparing their experience to the competencies required by the job
https://www.opm.gov/policy-data-oversight/assessment-and-selection/other-assessment-methods/reference-checking/
The Legal Issues of Reference Checking | Outmatch
It is illegal for an employer to give a negative or false employment reference (or refuse to give a reference) because of a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
https://outmatch.com/blog/the-legal-issues-of-reference-checking/
8 Rules and Best Practices for Reference Checks
Reference checks for all similarly situated candidates should generally be subject to the same set of questions, and should only seek job-related information. Never ask for or use information that is protected by federal, state, or local law, such as use of job-protected leave.
https://sbshrs.adpinfo.com/blog/8-rules-and-best-practices-for-reference-checks
Reference Check: Everything You Need to Know
A reference check enables potential businesses to affirm that applicants have been straightforward in their employment application. A portion of the inquiries asked while checking if references are genuine, revolving around position, compensation, dates of employment, and so forth. Reference checks are additionally a chance for a business to ...
https://www.upcounsel.com/reference-check
Reference Checks: Are They Legal? A Lawyer Talks Fact vs. Fiction
It is perfectly legal to direct your employees not to provide references on behalf of the company. However, the way around it is for your former boss or colleague to give a “personal” reference...
https://www.linkedin.com/pulse/reference-checks-legal-lawyer-talks-fact-vs-fiction-turkewitz
Employee Reference Checks - California
You may be required to respond to reference check inquiries from prospective managers/supervisors regarding your current or past employee. A fine line separates thoroughly reviewing the applicant’s background and invading his/her privacy. An overly intrusive investigation may violate an individual’s privacy or legal rights.
https://www.dgs.ca.gov/OHR/Resources/Page-Content/Office-of-Human-Resources-Resources-List-Folder/Personnel-Operations-Manual/Employee-Reference-ChecksReference Checks and Employment Verifications: Do’s and Don’ts
Most employers check at least three references. These should generally be professional references from previous employers. Ideally, the reference should be someone who has directly supervised the employee. On the phone, be sure to verify the reference’s role in relation to the applicant. Don’t let just anyone provide a reference.
https://sbshrs.adpinfo.com/blog/reference-checks-and-employment-verifications-dos-and-donts
State Laws on References and Statements By Former Employers
Some states have laws, sometimes known as service letter laws, that require employers to provide former employees with letters describing certain aspects of their employment—for example, their work histories, pay rates, or reasons for their termination. These laws vary greatly from state to state and are summarized in the chart below.
https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter9-6.htmlCan Employers Give a Bad Reference for a Former Employee? - SHRM
Employers can usually be truthful during a reference check, but they should be aware of their rights and responsibilities under state law. There are no federal laws that address what an employer ...
https://www.shrm.org/ResourcesAndTools/legal-and-compliance/state-and-local-updates/Pages/Can-Employers-Give-a-Bad-Reference-for-a-Former-Employee.aspx