Legal Ramifications of Bad Reference Checking

applicant tracking system for small businessDid you know that there are some questions and information that is off limits when checking a reference for a potential employee? Providing inaccurate information or withholding details about a conversation from the candidate are all considered illegal.

The ramifications of such acts could cost employers a great deal financially, especially if the candidate plans to sue due to exchanged information from one employer to the next.

Candidates can actually petition to see the notes you’ve made during a reference check. If questions were asked that shouldn’t have been, they’re legally allowed to see it. Below, you’ll find things that are illegal to note or talk about during a reference check. Do you need a free applicant tracking system for small business hiring needs? Continue reading to see how Recruiteze can help you!

Illegal Reference Check Items

  • written details about who the candidates are so you’ll remember them
  • physical appearance notes
  • details about parental or care-giving responsibilities
  • descriptions of personal beliefs

In addition, the following isn’t allowed to be discussed either:

  • race
  • national or ethnic origin
  • color
  • religion
  • age, sex (including pregnancy or childbirth)
  • sexual orientation
  • marital status
  • family status
  • disability
  • conviction for which a pardon has been granted

Limiting the conversations with references to job related inquires only is key. Be sure you do this so that you aren’t accused of trying to find out off-limits information. We hope these tips help you keep your meeting with a reference legal and professional.  If you’re interested in learning more about reference checks, including best practices, top questions to ask and the importance of reference checking in general, visit with other blogs, below:

  • Reference Checks – Their Importance and How to Perform Them
  • Top Questions to Ask When Conducting Reference Checks
  • Best Practices for Reference Checks
  • Best Practices for Reference Checks, continued

Recruiteze Is the Best Applicant Tracking System for Small Business Hiring Needs

Looking for help with your recruiting efforts? If so, you can access our recruiting software for free! Both Recruiteze and iReformat are available with free basic memberships. Recruiteze is a free applicant tracking system for business hiring projects. It allows your candidates to apply to your available job postings and have their resume added to your database immediately.

iReformat is part of our free recruiting software package. It allows you to format up to 10 resumes per month for free!

Let us help you take the boring work out of your recruiting projects. Don’t hesitate to use Recruiteze and iReformat to help reduce the time consuming process of hiring new employees and filtering through resumes and applications. If you have any questions or are interested in our enterprise package that offers unlimited access to all our services contact us today!

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