Questions & Answers

Can you give me some guidelines on how organizations should proceed relative to providing references? What to say & what not to say; consent etc..

References are not meant to be prohibited by PIPA. Organizations may disclose personal employee information about an individual without consent if the individual is or was an employee of the organization and the other organization is collecting that information to recruit a potential employee. However, the disclosure must be reasonable, and only related to the employment/work relationship of the individual. Usually, the former employee has supplied the contact information of the former employer and it can be implied that the former employer will be contacted for a reference. Again, the information disclosed to the potential employer must be related only to the employment relationship. Organizations need to use discretion when determining what information is reasonably deemed to be related to the work/employment relationship.

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