Pennsylvania Guidelines for Performing Reference Checks

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Description

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

Pennsylvania Guidelines for Performing Reference Checks: Understanding the Importance of Accurate Employee Screening Reference checks play a vital role in the hiring process, ensuring that employers have a comprehensive understanding of a candidate's qualifications, work ethics, and overall suitability for a particular job. In Pennsylvania, guidelines have been established to guide employers in conducting reference checks accurately and ethically. These guidelines aim to foster fair employment practices while protecting the rights and privacy of both job applicants and references. 1. Pennsylvania Law on Reference Checks: Under Pennsylvania law, employers are allowed to conduct reference checks, but they must adhere to specific guidelines to ensure compliance with state and federal regulations. These guidelines help employers make informed hiring decisions while maintaining the privacy and fairness standards set forth by the law. 2. Consent and Disclosure: Prior to performing a reference check, employers must obtain consent from the job applicant by informing them of their intention to reach out to their references. Additionally, employers must disclose the types of information they will be seeking from references and the purpose behind conducting the reference checks. 3. Maintaining Confidentiality: Employers in Pennsylvania must exercise great caution to preserve the confidentiality of the candidate's information during the reference check process. Any information obtained must be treated as confidential and only disclosed to relevant decision-makers involved in the hiring process. 4. Non-discrimination: Pennsylvania guidelines emphasize non-discriminatory practices during reference checks. Employers must ensure that the information sought from references is relevant to the job and does not raise discriminatory concerns. Any discussions about an applicant's race, religion, age, gender, disability, or any other protected class must be avoided during the reference check process. 5. Consent to Release Information: Employers should obtain written consent from job applicants before reaching out to current or previous employers for reference checks. This consent should clearly stipulate the period for which the reference is valid, enabling employers to validate the applicant's work history and performance effectively. 6. Verification of Information: Pennsylvania guidelines emphasize the importance of verifying the accuracy of the information obtained from references. Employers should inquire about the dates of employment, job roles, responsibilities, and any relevant accolades or achievements of the applicant. Types of Pennsylvania Guidelines for Performing Reference Checks: 1. Pennsylvania Fair Credit Reporting Act (FCRA) Guidelines: Pennsylvania, similar to many other states, has regulations governing background checks and reference checks conducted for certain positions requiring access to financial or credit data. The FCRA guidelines ensure compliance with federal laws and outline additional obligations employers must follow when performing reference checks in these specific circumstances. 2. Pennsylvania Human Relations Commission (PRC) Guidelines: The Pennsylvania Human Relations Commission provides guidance on fair employment practices, including reference checks. Employers are encouraged to familiarize themselves with the PRC guidelines to ensure lawful and ethical hiring practices that promote equal opportunity for all applicants. By adhering to the Pennsylvania Guidelines for Performing Reference Checks, employers can confidently assess candidates, make informed hiring decisions, and maintain legal compliance throughout the hiring process. These guidelines serve as a framework to protect both job applicants and references, facilitating fair employment practices in the Commonwealth of Pennsylvania.

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FAQ

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?

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.

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.

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.

In fact, employers are legally permitted to say anything in a reference about a former employee's performance that is true, and in Pennsylvania, there is employer immunity by statute (that is, immunity from liability, not from being sued and having to respond).

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.

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.

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.

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.

More info

Employment reference law for private employers in Pennsylvania. This Q&A addresses employers' obligations when conducting criminal and non-criminal.10 pages employment reference law for private employers in Pennsylvania. This Q&A addresses employers' obligations when conducting criminal and non-criminal. The same laws apply to reference checking as to employment ? you cannot ask about age, marital status, ethnicity, sexuality, or other ...WHY PERFORM REFERENCE CHECKS?These checks help you confirm information on the candidate's application form and resumes. You will also gain greater insights ... requisition to the Board of Commissioners for approval to fill theReference checks for the candidate's pre-employment requirements and ... A position description should describe the essential duties of the position, knowledge and skills required to successfully perform in the position, and the ... Human Resources can conduct the reference checks, or the Hiring Authority canthe University before all background check requirements of Pennsylvania's ... Please check back regularly for the most updated forms and information. Forms. Clearance Process Guide · Cover Sheet - Request for Review of Publicly Available ... A Comprehensive Guide to assist Individuals in Self-Direction. PASS GrantReference Checks and Verifying QualificationsPA Performance Expectations. As of January 15, 2018, states with enacted background check requirements foran annual background check on all persons that are required to complete a ... This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form. On ...

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Pennsylvania Guidelines for Performing Reference Checks