Kentucky Guidelines for Performing Reference Checks ensure that employers conduct thorough and legal background investigations of potential employees. These guidelines are essential in maintaining the integrity and fairness of the hiring process. Adhering to the Kentucky Guidelines ensures that employers gather accurate information and make informed decisions when evaluating candidates for job positions. There are three types of Kentucky Guidelines for Performing Reference Checks: 1. Legal Compliance: Employers must follow federal and state laws, such as the Fair Credit Reporting Act (FCRA), the Americans with Disabilities Act (ADA), and the Equal Employment Opportunity Commission (EEOC) guidelines. These regulations protect applicants' rights and prevent discrimination during the reference checking process. 2. Consent and Release: Employers must obtain written consent from applicants to perform reference checks and background investigations. This ensures that applicants are aware and give permission for their references to be contacted. Additionally, the release form may include a clause allowing the employer to conduct criminal background checks, credit checks, or verification of educational credentials. 3. Reference Check Process: The Kentucky guidelines outline the steps and protocols for conducting reference checks. Employers should start by gathering relevant information from applicants themselves, such as previous employment details and contact information of references. The employer should then contact the listed references to inquire about the applicant's skills, work ethics, job performance, and reliability. Additionally, employers should document the reference check process, recording the date, time, and the information obtained from each reference. Consistency in conducting reference checks for all applicants is crucial to maintaining fairness and avoiding potential legal issues. By following the Kentucky Guidelines for Performing Reference Checks, employers safeguard themselves against potential liabilities and ensure a fair and consistent hiring process. These guidelines prioritize the protection of applicants' rights and promote the gathering of accurate and relevant information for effective candidate evaluation.
Kentucky Guidelines for Performing Reference Checks
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How to fill out Guidelines For Performing Reference Checks?
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FAQ
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
Reference check stepsVerify the candidate's name.Confirm how they know the candidate.Ask what makes the candidate a good fit.Have the reference rank the candidate.Find out the candidate's strengths and weaknesses.Ask about the candidate's behavior.Take the process seriously.Conduct two verbal checks.More items...?
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.
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.
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?
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.
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.
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.
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.
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In a recent case, the State of Kentucky tried to avoid having to pay fine for violating state employment background check restrictions by creating an elaborate scheme. This scheme was found by the Kentucky Supreme Court to be unlawful. The case is Kentucky State Employment Background Check, State ex rel. Williams v. State, No.
