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Dear David: Reference Checks for Certain Roles


Question:
Can we do reference checks for only certain roles?

Answer:
Yes, as long as you’re not discriminating based on protected classes or characteristics, you can conduct reference checks for specific roles but not others. For example, you may decide that supervisory roles or positions with access to sensitive information warrant this additional step during the hiring process. As with any reference check, don’t forget to get the candidate’s permission first.

A best practice for employers is to have consistent practices across the board to reduce the risk of a discrimination claim. Employees can file claims based simply on the appearance of discrimination, and employers may be held liable even if they didn’t intend to discriminate. In this case, doing (or not doing) reference checks for all roles would be the most risk-averse approach.

If you would like to check references only for certain employee groups, you should consider whether your policies and practices disproportionately affect employees who share a protected characteristic (race, sex, age over 40, etc.). If candidates who were rejected after a reference check were all or mostly the same gender, for instance, you’d want to be sure that the reference checks were both a business necessity and that there was no other policy you could implement that would have less of an impact on the protected group.

Did you know that VMA Members get 20% savings for Employers Choice Screening? Reduce workplace violence, theft, fraud, substance abuse, and negligent hiring liabilities by conducting an employee background screening. Additional VMA member discounts are available.

 


David Katz

Vice President
VMA Insurance Services
To send your questions, write to david@vma.bz

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