New York Guidelines for Performing Reference Checks serve as a comprehensive set of rules and recommendations that employers in New York State should follow when conducting reference checks on potential employees. These guidelines help ensure fair and lawful hiring practices, as well as provide valuable insights into the candidate's qualifications, work ethic, and character. The main New York Guidelines for Performing Reference Checks can be categorized into the following types: 1. Prior to Consent: According to New York State law, employers must obtain written consent from the job applicant before contacting any references. This ensures that candidates are aware of and have authorized their references to share relevant information with potential employers. 2. Confidentiality: Employers must maintain the confidentiality of reference information obtained during the hiring process. This prohibition ensures that the applicant's personal and professional information is not misused or disclosed to unauthorized individuals. 3. Reference Verification: Employers should verify the authenticity and accuracy of the provided references to ensure the reliability of the information. This involves confirming the identity and relationship of the reference to the candidate, checking the contact details, and inquiring about the reference's knowledge of the applicant's work experience and skills. 4. Scope of Inquiries: When contacting references, employers should limit their questions to areas directly related to the job requirements. The inquiries should focus on the applicant's skills, abilities, and performance in similar roles, rather than personal matters or protected characteristics such as race, religion, gender, or age, which may violate anti-discrimination laws. 5. Non-Discrimination: Employers must adhere to New York State and federal anti-discrimination laws during the reference check process. It is essential to avoid any questions or actions that may be construed as discriminatory based on protected characteristics, such as inquiring about a candidate's marital status, family commitments, or medical history. 6. Record Keeping: Employers are advised to keep records of all relevant reference check correspondence, including consent forms, contact details, and any notes or evaluations obtained from references. These records can help demonstrate compliance with the guidelines and serve as evidence of a fair and diligent hiring process if required. By following the New York Guidelines for Performing Reference Checks, employers in the state can ensure equitable treatment of job applicants, mitigate legal risks, and make informed hiring decisions. These guidelines contribute to creating a transparent and fair employment environment in New York State.
New York Guidelines for Performing Reference Checks
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FAQ
New York is one of a handful of states that have not enacted a reference immunity law. However, New York courts have ruled that a qualified privilege exists permitting an employer to give honest information about a former employee to a prospective employer (De Sapio v.
There is no federal law that requires all employers to run background checks on all new hires. There are no state, county, or city laws that implement this kind of requirement, either. Instead, background check requirements are decided more on an industry-by-industry basis.
Fair Chance Act. The Fair Chance Act makes it illegal for most employers in New York City to ask about the criminal record of job applicants before making a job offer. This means ads, applications, and interview questions cannot include inquiries into an applicant's criminal record.
New York doesn't have a statute protecting employers from defamation claims when they give a reference. By Lisa Guerin, J.D. If you are looking for a job, you may be concerned about what your former employer will say when called as a reference.
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.
The New York Corrections Law Article 23-A prohibits an employer from unfairly discriminating against a person previously convicted of one or more criminal offenses.
Employers are not prohibited by law from disclosing to a potential employer - who calls for a reference about a former employee - the reasons that the employee left, as long as the information they share is truthful.
New York Local and Municipal Laws and Regulations Under N.Y.C. Admin. Code § 8-107(10)-(11), private and public employers may not discriminate against applicants with criminal convictions for employment purposes without conducting the individual assessment required by Art.
Most background checks can be completed between three days to one week. FBI checks usually take around 30 days. Although some instant background checks are available, these rely on databases that can be incomplete or inaccurate.
The Fair Chance Act makes it illegal for most employers in New York City to ask about the criminal record of job applicants before making a job offer. This means ads, applications, and interview questions cannot include inquiries into an applicant's criminal record.
