Title VII - Civil Rights Act 1964: Federal law prohibiting discrimination in employment references based on race, color, religion, sex, or national origin. References must be non-discriminatory in content and language.
Americans with Disabilities Act (ADA): Federal law protecting individuals with disabilities from discrimination. Reference letters must not disclose disability status or medical information without explicit consent.
Age Discrimination in Employment Act (ADEA): Federal law protecting individuals 40 and older from age discrimination. Reference letters should avoid age-related comments or implications.
Fair Credit Reporting Act: Federal law governing the collection and use of consumer information, including certain types of employment background information in references.
State Privacy Laws: Various state-specific regulations governing the handling and disclosure of personal information in employment references.
Defamation Laws: Legal principles protecting against false written statements (libel) in reference letters. Truth serves as an absolute defense against defamation claims.
State Reference Immunity Laws: State-specific laws providing qualified immunity to employers when providing truthful employment references in good faith.
Professional Standards Compliance: Industry-specific regulatory requirements and professional codes of conduct that may affect the content and format of reference letters.
Consent Requirements: Legal requirements for obtaining former employee's consent before providing detailed employment references.
