North Dakota Guidelines for Performing Reference Checks

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Multi-State
Control #:
US-174EM
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Word; 
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Description

This form provides guidelines for reference checks when hiring new employees.

Title: A Comprehensive Guide to North Dakota's Guidelines for Performing Reference Checks Introduction: North Dakota's guidelines for performing reference checks outline the essential steps and legal requirements that employers must follow to ensure fair and unbiased hiring processes. This detailed description will discuss various aspects of these guidelines, including their importance, legal considerations, and different types of reference checks commonly conducted in North Dakota. 1. Understanding the Importance of Reference Checks: Reference checks play a crucial role in the hiring process by providing employers with valuable insights into an applicant's past performance, work ethic, and suitability for a specific job role. These checks enable employers to gather objective information from previous supervisors, colleagues, or mentors, aiding in making informed hiring decisions. 2. Legal Considerations for Performing Reference Checks in North Dakota: Employers in North Dakota must adhere to specific legal guidelines to avoid any discrimination or privacy-related issues during the reference check process. Some essential legal considerations include: a. Equal Employment Opportunity Commission (EEOC) Guidelines: Employers must ensure that reference check practices do not violate any federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (AREA), or the Americans with Disabilities Act (ADA). b. Fair Credit Reporting Act (FCRA): Employers must comply with FCRA regulations if they use third-party agencies to perform background checks. It is crucial to obtain written consent from the applicant, provide a summary of their rights, and notify them in case of adverse employment decisions based on reference check results. c. Privacy Considerations: Employers should respect the privacy of both applicants and references during reference checks. Information obtained should be handled with confidentiality and used solely for evaluating the candidate's qualifications. 3. Types of Reference Checks in North Dakota: a. Employment Verification: This type of reference check involves contacting an applicant's previous employers to verify their job titles, tenure, and responsibilities. It aims to validate the accuracy of information provided in the applicant's resume or job application. b. Professional References: These reference checks involve contacting individuals who have directly worked with the applicant, such as supervisors, colleagues, or clients. Employers often ask for input on the applicant's performance, skills, teamwork abilities, and reliability. c. Academic/ Educational References: Primarily applicable for fresh graduates or those without work experience, these reference checks involve reaching out to professors, advisors, or educational institutions to obtain insights into an applicant's educational achievements, learning abilities, and potential. d. Personal References: Although less common, personal reference checks may be conducted to obtain a broader sense of an applicant's character, personal qualities, and outside interests. These references may include friends, family members, or personal acquaintances. Conclusion: Navigating North Dakota's guidelines for performing reference checks is crucial for employers to ensure fair and lawful hiring practices. By understanding the significance of reference checks, being aware of legal considerations, and conducting various types of reference checks, employers can gather accurate and essential information to make informed hiring decisions, contributing to the overall growth and success of their organizations.

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FAQ

NEVER ask a candidate's references for protected class information regarding the candidate....Discrimination in Reference CheckingRace.Height & Weight.Financial Information.Unemployed Status.Background Checks.Religious Affiliation Or Beliefs.Citizenship.Marital Status, Number Of Children.More items...

Many employers check references as part of the hiring process. A reference check is when an employer contacts a job applicant's previous employers, schools, colleges, and other sources to learn more about his or her employment history, educational background, and qualifications for a job.

Details About The Candidate & Reference CheckIntroduce yourself, the company you're with, and your title.Explain that the candidate has listed them as a reference.Indicate how long it will take to complete the reference check form.Include details like when you would like the reference check form returned to you.More items...?

What can you ask during a reference check?How did this person manage a team?What are some examples of this individual acting as a team player?What was it like to supervise this former employee?How effective was this person with completing the work given to them?More items...?25-Jul-2019

The Legality of Reference Checks There are no federal laws preventing them from giving you more info on your candidate, just company policies aimed at reducing risk of liability for discrimination and/or defamation.

Reference check stepsVerify the candidate's name.Confirm how they know the candidate.Ask what makes the candidate a good fit.Have the reference rank the candidate.Find out the candidate's strengths and weaknesses.Ask about the candidate's behavior.Take the process seriously.Conduct two verbal checks.More items...?

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.

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.

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.

More info

South Dakota. S.D. Codified Laws Ann. § 60-4-12. Information that may be disclosed: ? job performance (must be in writing). You may have the state fill out the Board's verification form or the state may use its own designated form or letter. A copy of the law and rules from ...When doing so, the institution must comply with Minimum Standards for Conducting Background Checks and perform the check with the Regental system approved ... Employment of the selected candidate will be contingent on satisfactorily completing the interview process, reference check, medical screening, and a ... The same laws apply to reference checking as to employment ? you cannot ask about age, marital status, ethnicity, sexuality, or other ... Must possess a valid North Dakota Driver's License Successful applicant must pass a background check and pre-employment drug and alcohol screening Under North Dakota law, an employer is unconditionally immune from civil liability when it truthfully discloses a current or former employee's dates of ... The state is modifying provider standards for relatives to qualify as a direct worker while his/her background check and pre-employment screenings are in ... Using pre-employment background screening during your hiring process helps you: Make fair, informed decisions and hire qualified candidates; Maintain a safe ... Notes should be taken during the reference check and returned with the Staff HiringNorth Dakota State University ? Reference Checking Guidelines.

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North Dakota Guidelines for Performing Reference Checks