Reference checks are a key element in ensuring that you hire a top-quality candidate. You’ll want to know whether the person really has the ability to do the job well, and whether they will contribute to your overall work culture. But be careful, because there are a lot of things you can’t legally ask. Here’s what you need to know when checking references.
Basic Information
Both federally and in all 50 states, you can ask basic questions to verify what the candidate listed on the application or said during the interview. These include such details as:
- Dates of employment
- Job title and duties
Protected Information
Some topics are completely off-limits under federal law. These include, but are not limited to:
- Race
- Height and/or weight
- Religious affiliation
- Disability status
- Medical records
- Gender
- Marital or parental status
In short, if it’s any type of information that generally falls under federal protection, you are not permitted to discuss it during reference checks.
Gray Areas
Pretty much everything else you might want to ask during reference checks is up to state law. For example, most states also allow employers to ask about overall job performance. Some also allow you to ask about current rehire status, reason for separation, and pay rate. And some have very few restrictions at all, outside of federal protections.
If your state allows it, other areas you might want to consider asking about include:
- Attendance
- Dependability
- Relevant skills
- Strengths and weaknesses
- Promotions
- Major successes
- Ability to accept and apply feedback
Because the laws are so complex and vary so widely depending on where you are, it’s extremely important to speak with your attorney. Asking prohibited questions could lead to legal consequences for both your organization and the candidate’s former employer. But not asking everything that you’re legally permitted to ask could result in an incomplete picture of your potential new hire.
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