Many former employers are reluctant to give references for fear of liability if the reference keeps the former employee from getting a job.The courts have held that employers have a "qualified privilege" if the employer:
A) only discusses EEO-related information.
B) has selection test information to support the reference.
C) only gives information to an inquirer who has a job-related need to know.
D) qualifies the information as "his/her opinion" and not necessarily factual.

Question

Quizplus · Accepted Answer

The best choice is C because it limits the information that can be shared to only those who have a job-related need to know, reducing the risk of liability for the employer. A is incorrect because it is too narrow and only covers EEO-related information, which may not be sufficient for a reference. B is incorrect because it only applies if selection tests were used, which may not always be the case. D is incorrect because it still leaves the possibility of the information being construed as factual, which could still lead to liability for the employer.

Many Former Employers Are Reluctant to Give References for Fear