California Guidelines for Performing Reference Checks
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How to fill out Guidelines For Performing Reference Checks?
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FAQ
You can legally state facts in response to a reference request. These facts may include whether your ex-employee failed a company drug test, the results of which were officially documented. In this case, you can legally state that your employee was fired or let go due to testing positive on a company drug test.
In California, employers are protected from liability for defamation if they provide reference information based on credible evidence, without malice. By Lisa Guerin, J.D.
Don't ask about a candidate's sexuality, age, religion or similar matters. Anything related to personal health. Don't ask about a candidate's medical history or the existence of disabilities. You can ask whether the candidate is capable of performing the tasks that the job requires.
Job References & Hiring: What can employers say in California?Overview.What is a "Privileged" Statement?Malicious Statements.Unsolicited Communications by a Former Employer.False Statements.Statements about Protected Activities.Non-privileged Statements & Liability.Final Thoughts.
California is among the states that have enacted reference immunity laws. Under California law, truthful communications about job performance or employment qualifications of a current or former employee are privileged as long as the communication is based on credible evidence and made without malice (Cal.
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.
When Giving References, How Truthful Can You Be?Review all applicable state laws.Maintain control of the information.Be consistent in how requests are handled.Stick to the facts.Get permission from the employee.
There are no federal laws that address what an employer can or can't say about a worker. Many states, however, have enacted legislation that gives employers a qualified immunity when providing information for a reference check.
If an employer gives a reference it must be accurate and fair. The employer giving the reference can decide how much they include. References can be short or long for example, a 'basic reference' or a 'detailed reference'.
The Legality of Reference ChecksThere are no federal laws preventing them from giving you more info on your candidate, just company policies aimed at reducing risk of liability for discrimination and/or defamation.
