New York Guidelines for Performing Reference Checks serve as a comprehensive set of rules and recommendations that employers in New York State should follow when conducting reference checks on potential employees. These guidelines help ensure fair and lawful hiring practices, as well as provide valuable insights into the candidate's qualifications, work ethic, and character. The main New York Guidelines for Performing Reference Checks can be categorized into the following types: 1. Prior to Consent: According to New York State law, employers must obtain written consent from the job applicant before contacting any references. This ensures that candidates are aware of and have authorized their references to share relevant information with potential employers. 2. Confidentiality: Employers must maintain the confidentiality of reference information obtained during the hiring process. This prohibition ensures that the applicant's personal and professional information is not misused or disclosed to unauthorized individuals. 3. Reference Verification: Employers should verify the authenticity and accuracy of the provided references to ensure the reliability of the information. This involves confirming the identity and relationship of the reference to the candidate, checking the contact details, and inquiring about the reference's knowledge of the applicant's work experience and skills. 4. Scope of Inquiries: When contacting references, employers should limit their questions to areas directly related to the job requirements. The inquiries should focus on the applicant's skills, abilities, and performance in similar roles, rather than personal matters or protected characteristics such as race, religion, gender, or age, which may violate anti-discrimination laws. 5. Non-Discrimination: Employers must adhere to New York State and federal anti-discrimination laws during the reference check process. It is essential to avoid any questions or actions that may be construed as discriminatory based on protected characteristics, such as inquiring about a candidate's marital status, family commitments, or medical history. 6. Record Keeping: Employers are advised to keep records of all relevant reference check correspondence, including consent forms, contact details, and any notes or evaluations obtained from references. These records can help demonstrate compliance with the guidelines and serve as evidence of a fair and diligent hiring process if required. By following the New York Guidelines for Performing Reference Checks, employers in the state can ensure equitable treatment of job applicants, mitigate legal risks, and make informed hiring decisions. These guidelines contribute to creating a transparent and fair employment environment in New York State.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.