Title: Kansas Guidelines for Performing Reference Checks: A Comprehensive Overview Introduction: In the state of Kansas, employers are encouraged to follow specific guidelines when performing reference checks to ensure fair and accurate assessments of potential candidates. This article will provide a detailed description of these guidelines, highlighting their importance and potential benefits for employers in Kansas. 1. Kansas State Laws Governing Reference Checks: Kansas does not have specific laws specifically governing the process of reference checks. However, employers must comply with federal laws such as the Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act, which prohibit discriminatory practices during the screening process. 2. Essential Steps in Performing Reference Checks: a) Obtain Written Consent: Prior to conducting any reference checks, it is crucial to obtain written consent from the job applicant, acknowledging their understanding and authorization for the process. b) Confidentiality and Privacy: Employers must ensure the privacy and confidentiality of all information gathered during reference checks. Therefore, only relevant and essential details should be disclosed, and records must be securely maintained. c) Verify the Source: It is important to verify the credibility of the reference sources and obtain information from reliable individuals who have directly worked with the candidate in question. d) Consistency and Non-Discrimination: Employers must adhere to consistent practices and avoid any form of discrimination during the reference check process. Treat all candidates equally and focus on job-related information rather than personal biases or discriminatory factors. e) Open-ended Questions: When contacting references, employers should ask open-ended questions to gather comprehensive and unbiased information about the candidate's skills, work ethic, strengths, weaknesses, accomplishments, and areas for development. f) Documentation: Employers are advised to maintain detailed records of all reference check conversations and make them available for future reference, if required. 3. Types of Kansas Guidelines for Performing Reference Checks: Although Kansas does not have specific state-wide guidelines for reference checks, employers may establish their own internal policies or refer to industry-recognized best practices. Some organizations might adopt additional measures like: a) Reference Check Templates: Employers may develop standardized forms to ensure consistency and gather specific information during reference checks. These templates help streamline the process and focus on relevant aspects of the candidate's qualifications. b) Reference Check Training: Employers may offer training to hiring managers and human resources personnel to ensure accurate and effective reference checks. This training might cover legal requirements, questioning techniques, and proper documentation practices. c) Third-Party Verification: Some companies might engage professional reference verification services or background check agencies to ensure thorough and impartial evaluation of candidates. Conclusion: Conducting reference checks in a methodical and fair manner is a crucial part of the hiring process in Kansas. By following the guidelines mentioned above, employers can make well-informed decisions while complying with laws and regulations. Remember, maintaining consistency, confidentiality, and non-discriminatory practices not only leads to successful hires but also fosters a positive employer brand.
Kansas Guidelines for Performing Reference Checks
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An employer does not have to give a reference by law unless it's: in writing that the employer will provide one.
Don't ask about a candidate's sexuality, age, religion or similar matters. Anything related to personal health. Don't ask about a candidate's medical history or the existence of disabilities. You can ask whether the candidate is capable of performing the tasks that the job requires.
Though there isn't a specific law requiring that you check a candidate's references, courts have held employers liable for negligent hiring for certain acts of their employees, which the employer knew or should have known might occur.
Don't ask about a candidate's sexuality, age, religion or similar matters. Anything related to personal health. Don't ask about a candidate's medical history or the existence of disabilities. You can ask whether the candidate is capable of performing the tasks that the job requires.
What about reference checks? If you haven't called the list of former employers provided to you by the candidate you may be making a huge mistake. Reference checks shouldn't be considered a formality or a nuisance, they are essential to the hiring process.
Candidates should have given permission, generally, for reference checking to be conducted. Reference checkers should not reach out to anyone the candidate has expressly asked not be contacted. Reference checkers should not contact references from a candidate's current employer without express permission.
You can legally state facts in response to a reference request. These facts may include whether your ex-employee failed a company drug test, the results of which were officially documented. In this case, you can legally state that your employee was fired or let go due to testing positive on a company drug test.
Here are some of the questions that may be asked during a reference check:When did (name) work for your company? Could you confirm starting and ending employment dates?What was her/his position?Could I briefly review (name's) resume?Why did (name) leave the company?What was her/his starting and ending salary?
Providing a Reference Many employers will release only basic information when contacted for a reference to protect themselves from lawsuits. They usually confirm employment dates and job responsibilities, salary history, and might include information about whether you were dismissed or chose to leave on your own.
Typically, employers are allowed to share general information regarding your tenure with their companiesthings like your dates of employment, job title, and responsibilities, all which serve to confirm your employment and validate the things you likely provided on your resume for potential employers.
