Defamation Laws: Legal requirements to avoid false statements that could damage reputation. Must ensure all information is truthful and factual, considering both libel (written) and slander (spoken) aspects.
Title VII Civil Rights Act Compliance: Federal law prohibiting discrimination in references based on race, color, religion, sex, or national origin. Reference letters must avoid any discriminatory language regarding protected characteristics.
ADA and ADEA Compliance: References must comply with Americans with Disabilities Act and Age Discrimination in Employment Act, avoiding any discriminatory language regarding disability or age.
Privacy Laws: Compliance with Fair Credit Reporting Act and general privacy principles. Must maintain confidentiality of sensitive information and obtain permission to share personal information.
State-Specific Reference Laws: Various state laws governing employment references, including qualified immunity provisions and specific requirements about what information can be disclosed.
Company Policy Compliance: Need to adhere to existing company policies regarding references, which may limit content to basic employment verification details like dates of employment and job titles.
Truth in Reference Requirements: Legal obligation to provide truthful references, avoiding any misrepresentation. Some states have specific laws governing the truthfulness of employment references.
Documentation Requirements: Best practice to maintain documentation of the basis for any opinions or statements provided in the reference letter, and obtain written permission from the former employee.
