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It is important to develop and follow a sound policy for providing references for former employees. The key is to avoid liability for failing to provide enough information, perhaps about a former employee’s violent tendencies, without invading the former employee’s privacy, defaming the employee or creating evidence of discriminatory motives for the termination.
See Responding to Reference Check, for more detailed information about developing a policy for providing employee references, as well as a Reference Check Authorization.
California’s Civil Code section 47 has long protected certain communications as privileged, making them immune from defamation lawsuits. One of these privileges has applied to employers when they are contacted for job references about a current or former employee, and permits the employer to reveal whether the individual is eligible for rehire.
The law clarifies that an employer is permitted to reveal in a job reference whether the individual is not eligible for rehire because the employer determined that they engaged in sexual harassment.