Reference Checks: Best Practices and Legal Limits

The Power of a Reference Check

A thorough reference check can reveal traits that an interview never will. However, many HR managers struggle with the balance between getting useful information and avoiding potential liability. The goal is to obtain objective, performance-based feedback.

What You Can and Cannot Ask

Stick to questions regarding the candidate's professional capabilities. Ask about their work ethic, ability to handle stress, and technical proficiency. Avoid questions about protected characteristics (e.g., family status, health). If you find a reference is hesitant to share information, rephrase your query to focus on facts, such as: 'Would you rehire this individual?'

Documentation is Key

Always document the findings of every reference check. Consistency is your best defense against claims of bias. Maintain a standard set of questions for all candidates to ensure you are comparing apples to apples, providing a fair and accurate hiring process for every applicant.