New Hampshire Guidelines for Performing Reference Checks are a crucial part of the hiring process that helps employers gain valuable insights into a candidate's qualifications, skills, and work ethics. In the state of New Hampshire, specific guidelines have been established to ensure fair and lawful reference checks are conducted. These guidelines aim to protect both employers and job seekers from potential legal issues and discriminatory practices. 1. Legal Compliance: According to New Hampshire law, employers are permitted to contact references provided by job applicants. It is essential for employers to adhere to federal and state anti-discrimination laws throughout the reference check process. 2. Consent: Employers must obtain written consent from the applicant before conducting a reference check. This ensures that the candidate acknowledges and grants permission for their references to be contacted. 3. Accuracy and Accountability: Employers should ensure that information obtained from reference checks is accurate and verified. It is advisable to cross-reference information received from multiple sources to establish its credibility and reduce the risk of potential discrepancies. 4. Non-Discrimination: Reference checks must be conducted without any bias or discrimination based on protected characteristics such as race, color, religion, sex, national origin, age, disability, or any other factors protected by law. Employers should focus solely on job-related qualifications and performance indicators during the reference check process. 5. Confidentiality and Privacy: Employers need to maintain strict confidentiality regarding the information collected during reference checks. This information should be treated with the same level of privacy as other sensitive employee records. Apart from these general guidelines, there are no specific subcategories of reference checks outlined in New Hampshire law. However, employers may adopt additional strategies or tools such as employment verification, academic or professional credential verification, and character reference checks to supplement their hiring decision-making process. By following these New Hampshire guidelines for performing reference checks, employers can ensure that the process is fair, legal, and beneficial to both parties involved. It helps employers make informed decisions while safeguarding the rights of job applicants.
New Hampshire Guidelines for Performing Reference Checks
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FAQ
ALWAYS ask references about a candidate's workplace behavior, ethics and the reason that they left the company. ALWAYS be vigilant for evidence that a reference is not telling the whole truth about a candidate. NEVER make a hire without checking and vetting references and performing a background check.
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.
Typically, employers are allowed to share general information regarding your tenure with their companiesthings like your dates of employment, job title, and responsibilities, all which serve to confirm your employment and validate the things you likely provided on your resume for potential employers.
Should you say yes?Keep the information factual. Avoid opinions about issues such as personal conflicts.Qualify what you say. For example, It was our experience2026 or In this situation2026Make your praise specific.Refer to specific tasks or projects.Avoid examples that highlight a candidate's weaknesses.
What about reference checks? If you haven't called the list of former employers provided to you by the candidate you may be making a huge mistake. Reference checks shouldn't be considered a formality or a nuisance, they are essential to the hiring process.
Many people think of them as an afterthought or are convinced that it's illegal for their previous company to say anything about employees other than to confirm their dates of service and job title. In fact, companies and individuals can say anything they want to in a reference check, as long as it's true.
Marital Status, Family, and Children An applicant's marital status and family life, including current or planned children, have no place in a reference check. For example, if a hiring manager asks about a candidate's family and does not hire the applicant, the company could be liable for discrimination.
Traditionally, a reference check is often conducted through a lengthy phone interview. During this process, it is not uncommon for recruiters or hiring managers to spend hours of time chasing down references and verifying data.
Candidates should have given permission, generally, for reference checking to be conducted. Reference checkers should not reach out to anyone the candidate has expressly asked not be contacted. Reference checkers should not contact references from a candidate's current employer without express permission.
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.
