Fair Credit Reporting Act (FCRA): Federal law governing the collection, dissemination, and use of consumer information, including employment verification. Requires accuracy in reporting and certain disclosure requirements.
Title VII of the Civil Rights Act: Prohibits employment discrimination based on race, color, religion, sex, and national origin. Must be considered when drafting experience letters to avoid discriminatory language.
Age Discrimination in Employment Act (ADEA): Protects workers 40 and older from employment discrimination. Experience letters should not include age-related information that could lead to discrimination.
Americans with Disabilities Act (ADA): Prohibits discrimination against individuals with disabilities. Experience letters should not disclose disability-related information without explicit consent.
State Privacy Laws: Various state-specific regulations governing the protection and disclosure of personal information in employment records and verification documents.
Defamation Laws: State-specific laws protecting against false statements that could harm reputation. Experience letters must contain truthful, factual information to avoid defamation claims.
Fair Labor Standards Act (FLSA): Federal law establishing standards for wage and hour records. May influence how employment duration and positions are documented in experience letters.
Immigration Reform and Control Act: Federal law concerning employment verification for foreign workers. Relevant when providing experience letters for immigration or work visa purposes.
State Employment Verification Laws: State-specific requirements for employment verification and reference letters, including what information can or must be disclosed.
Record-Keeping Requirements: Federal and state requirements for maintaining employment records and documentation, including copies of experience letters and verification documents.
