Illinois Guidelines for Performing Reference Checks

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US-174EM
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Description

This form provides guidelines for reference checks when hiring new employees.

Illinois Guidelines for Performing Reference Checks are essential for employers and organizations to ensure a thorough and fair hiring process. These guidelines outline the steps to be followed when contacting references provided by prospective employees and help maintain legal compliance. One of the primary objectives of the Illinois Guidelines is to promote unbiased reference checks by providing specific steps and recommendations. Employers must collect accurate and relevant information from references to make informed hiring decisions. Adhering to these guidelines also minimizes the risk of discrimination or violation of privacy laws during the reference check process. The following are some key aspects of the Illinois Guidelines for Performing Reference Checks: 1. Obtaining Consent: Employers are required to obtain written consent from the candidate before contacting any references. This ensures that the candidate is aware of and approves their references being contacted. 2. Necessary Information: Employers should only ask questions that are directly related to the candidate's qualifications, skills, and job performance. Irrelevant or intrusive questions that relate to personal matters, such as race, religion, age, or disability, should be avoided to prevent any discriminatory actions. 3. Confidentiality: Employers must keep all information collected during reference checks in strict confidence. This means that the information obtained should not be disclosed to unauthorized individuals or used for any purpose other than the hiring decision. 4. Objective Assessment: References should be evaluated based on their credibility and their ability to provide accurate and reliable information about the candidate's qualifications, work ethic, and performance. 5. Reference Sources: The guidelines recommend that employers contact professional references, such as previous supervisors, colleagues, or clients, who can give a fair assessment of the candidate's performance and character. Personal references, such as friends or family members, should be avoided as they may not provide impartial feedback. Types of Illinois Guidelines for Performing Reference Checks: 1. Illinois Equal Employment Opportunity Commission (EEOC) Guidelines: These guidelines revolve around maintaining compliance with federal and state employment laws, preventing discrimination, and ensuring fair practices during the reference check process. 2. Illinois Human Rights Act (IRA) Guidelines: These guidelines specifically address employers' responsibilities to protect against unlawful discriminatory practices, particularly in relation to hiring decisions and background checks. 3. Illinois Department of Labor Guidelines: These guidelines mainly focus on workers' rights, promoting fairness and ethical treatment throughout the hiring process, including reference checks. 4. Illinois Lawful Use of Credit History in Employment Act: Although not solely related to reference checks, these guidelines outline restrictions and requirements surrounding the use of credit history as a factor in employment decisions, ensuring fair practices. By following the Illinois Guidelines for Performing Reference Checks, employers can conduct thorough and objective assessments of candidates, hire the right individuals, and minimize the risk of legal complications or discriminatory practices. It is crucial for organizations to familiarize themselves with these guidelines and implement them to maintain a fair and compliant hiring process.

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FAQ

There is no limitation on the pre-employment references that can be contacted unless the candidate specifically requests this. However, no reference checking whatsoever should be done without the written consent of the candidate.

Here are some of the questions that may be asked during a reference check:When did (name) work for your company? Could you confirm starting and ending employment dates?What was her/his position?Could I briefly review (name's) resume?Why did (name) leave the company?What was her/his starting and ending salary?

What can you ask during a reference check?How did this person manage a team?What are some examples of this individual acting as a team player?What was it like to supervise this former employee?How effective was this person with completing the work given to them?More items...?25-Jul-2019

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.

The Legality of Reference Checks There 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.

Although consent from the applicant is not required for reference checks, a prospective employer may still wish to obtain written consent, especially if the prospective employer intends to contact previous employers who are not listed as referees.

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.

If the employer has any doubts about whether or not the individual has given consent, it should contact them to check that they wish the reference to be provided. The employer should obtain the consent in writing if possible, or should at least make a note of the individual's verbal consent.

You haven't asked your references for permission.Always ask for permission to use someone as a reference, and give them as much information about the jobs you're applying for as possible.

In general, under Illinois law an employer can give out negative information about you in a job reference. This is as long as the information they give out is truthful and related to your job performance.

More info

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Illinois Guidelines for Performing Reference Checks