Fair Credit Reporting Act (FCRA): Federal law that regulates the collection, dissemination, and use of consumer information, including employment verification. Must be considered if the letter is being used for background checks.
Privacy Act of 1974: Federal law governing the collection, maintenance, use, and dissemination of personal information maintained by federal agencies. Relevant for protecting employee privacy in work experience letters.
HIPAA: Health Insurance Portability and Accountability Act - Must be considered if the position involved access to medical information to ensure compliance with medical privacy regulations.
Title VII of the Civil Rights Act: Prohibits employment discrimination based on race, color, religion, sex, and national origin. Content of work experience letter must not indicate any discriminatory practices.
Age Discrimination in Employment Act (ADEA): Protects workers 40 and older from age discrimination. Work experience letter should avoid any age-related references.
Americans with Disabilities Act (ADA): Prohibits discrimination against individuals with disabilities. Letter content must not disclose any disability-related information without consent.
EEOC Record-Keeping Requirements: Equal Employment Opportunity Commission requirements for maintaining employment records and providing employment verification.
Fair Labor Standards Act (FLSA): Federal law governing wage and hour standards, including job classifications. Relevant when describing employee's role and responsibilities.
State Privacy Laws: Various state-specific laws governing the handling and disclosure of employee information in employment verification documents.
Defamation Laws: State and federal laws protecting against false statements that could harm someone's reputation. Work experience letter must contain truthful information.
USCIS Requirements: U.S. Citizenship and Immigration Services requirements for employment verification letters used in visa or immigration processes.
State Labor Laws: Various state-specific requirements regarding employment verification, record keeping, and employment references.
