Arizona Guidelines for Performing Reference Checks are sets of procedures and legal provisions that employers in Arizona must adhere to when conducting reference checks on potential employees. These guidelines are put in place to ensure fairness, protect the rights of both the employers and employees, and avoid any form of discrimination during the hiring process. 1. Arizona Reference Check Laws: One type of guideline employers must follow is the overall reference check laws in Arizona. These laws outline the permissible scope and methods of reference checks, ensuring that privacy and employment rights are respected. They also provide guidelines on the type of information that can be legally requested and considered during the hiring process. 2. Arizona Fair Credit Reporting Act (FCRA): The Arizona FCRA establishes guidelines for employers when obtaining consumer reports as part of the reference check process. It requires employers to notify candidates about their intention to conduct a background check, obtain written consent, and provide candidates with a written summary of their rights under the FCRA. Employers must also follow proper procedures when adverse actions are taken based on the information obtained from the reports. 3. Discrimination and Equal Employment Opportunity (EEO): Employers in Arizona must comply with federal and state anti-discrimination laws such as Title VII of the Civil Rights Act of 1964 and the Arizona Civil Rights Act. These laws prohibit discrimination based on race, color, religion, sex, national origin, disability, or age. The guidelines ensure that reference checks are conducted in a non-discriminatory manner and do not reduce equal employment opportunities. 4. Arizona Department of Labor: The Arizona Department of Labor may provide additional guidelines or recommendations for employers regarding reference checks in certain industries or situations. Employers should check the department's website or contact them directly for any sector-specific guidelines or clarifications regarding reference checks. It is crucial for employers to familiarize themselves with these guidelines and implement them consistently to avoid legal repercussions and ensure fairness in the hiring process. By following these Arizona Guidelines for Performing Reference Checks, employers can make informed decisions based on accurate and relevant information while upholding the rights of job applicants.
Arizona Guidelines for Performing Reference Checks
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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.
Although consent from the applicant is not required for reference checks, a prospective employer may still wish to obtain written consent, especially if the prospective employer intends to contact previous employers who are not listed as referees.
There is no limitation on the pre-employment references that can be contacted unless the candidate specifically requests this. However, no reference checking whatsoever should be done without the written consent of the candidate.
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?
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.
Typical Reference Check QuestionsHow do you know the candidate?How did you work with the candidate?How did the candidate's employment end?What were the candidate's job titles or roles?Did the candidate receive any promotions at this company?Does the candidate possess the job skills required for this position?More items...?19-Mar-2021
You haven't asked your references for permission.Always ask for permission to use someone as a reference, and give them as much information about the jobs you're applying for as possible.
If the employer has any doubts about whether or not the individual has given consent, it should contact them to check that they wish the reference to be provided. The employer should obtain the consent in writing if possible, or should at least make a note of the individual's verbal consent.
Under state law, Arizona Revised Statutes 23-1361, it is entirely lawful for a former employer to provide a potential employer with information about a former employee's education, training, experience, qualifications and job performance.
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.
