ARTICLE
More States Offering Reference-check Immunity Laws
Following a string of high-profile liability cases for defamation and invasion of privacy, many prospective employers are finding it harder than ever to get useful information from previous employers of job applicants.
In addition to liability for defamation and invasion of privacy, when providing references, employers face potential liability in several areas. Employers face the potential of liability for retaliation, which could occur when a supervisor giving a reference strikes back at an employee who has accused the company of bias. There also is possible liability for compelled self-publication, which takes place when former employees must repeat allegedly false reasons for leaving their previous jobs to avoid prospective employers hearing it first from the former employer.
In an effort to hurdle the challenges of liability, Pennsylvania recently added itself to the growing list of states with reference-check immunity laws.
While these laws vary widely from state to state, the protections typically cover requests made by prospective employers about an applicant's prior job performance. In every state with these immunity laws on the books, protection does not extend to employers who intentionally or negligently provide false information.
Jurisdictions currently without job reference immunity laws are: Alabama, Connecticut, District of Columbia, Kentucky, Massachusetts, Mississippi, Nebraska, New Hampshire, New Jersey, New York, Vermont, Washington and West Virginia.
Despite the growing popularity of reference-check immunity statutes, there is some question as to whether they provide better protection than what the courts already provide. Generally, even in states without job reference immunity laws, state case law provides immunity to employers who disclose information in good faith.
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(source: http://www.shrm.org)
