4 of 10

Write now Article Tools

I can understand how an employer would want to ensure - at least, to the best of their availability - that they did not hire anyone who had shown a lack of ability or desire to resist doing something unlawful or dangerous in the past. However, I've grown concerned recently that employers more frequently are expanding their methods of exploring a candidate's background to include far more than an objective criminal history check. The primary inappropriate method I'm speaking of is to call individuals to inquire about their experience with a candidate when the candidate did not list that person as a reference.

The reasons the law states that only references provided by the candidate - and it does state that - may be contacted by a potential employer are to ensure that only appropriate individuals are contacted to speak about their experience with the candidate and to protect the candidate from subjective or inaccurate interpretations of struggles that they may have had at previous employers. When an employer deviates from the designated references the candidate provided, he violates the candidate's right to a fair interview process. For example, let's say Manger A of Company A was the candidate's manager and is listed as a reference. Manager B of Company A did not actually work with the candidate, but heard through a third party about their thoughts about working with the candidate while they were at his place of employment. The potential employer has is acquainted with Manager B and decides to call them instead of Manager A. The potential employer has know way of knowing if Manager B's recitation of what he heard via the grapevine is an accurate interpretation, or something heavily influenced by personal feelings, gossip, or speculation. Another example may involve a hiring supervisor contacting a former supervisor who had acted unethically against the candidate, and was therefore not listed as a reference. Both examples are unethical methods that can and do undeservedly harm a candidate's chance of obtaining employment. Companies all around the world need to recognize the challenging nature of getting a job and their obligation to obey the law and ensure that employees receive a fair interview process. We all deserve a fair shot.

Learn more about this author, Amy Moshier.
Click here to send this author comments or questions.

Add your voice

Know something about Legality of employers running background checks on job candidates?
We want to hear your view. Write now!