Run: Reference Check Authorization Policy

This policy establishes a consistent, legally compliant process for conducting employment reference checks. It is intended to ensure that the organization: - obtains candidate consent before contacting references; - verifies the identity and authority of callers and reference providers; - documents reference check activity in a consistent, job-related manner; and - retains and disposes of reference check records according to applicable legal and business requirements. The organization will conduct reference checks in a manner consistent with EEOC guidance on background checks and will avoid inquiries that could create unlawful discrimination risk under Title VII of the Civil Rights Act of 1964.

This policy applies to all employees, contractors, and third parties who participate in hiring or candidate evaluation, including HR, recruiters, hiring managers, and any external screening vendor acting on the organization's behalf. This policy applies to reference checks conducted for applicants, interns, temporary workers, and other candidates for employment, unless a local law requires a different process. California employees: any collection, use, or retention of candidate information must also be reviewed for compliance with applicable California privacy and employment laws, including the California Consumer Privacy Act (CCPA), as amended.

The organization will not contact a candidate's references until the candidate has provided consent, except where a lawful exception applies and has been approved by HR or Legal. Reference checks must be limited to job-related, consistent, and non-discriminatory questions. Interviewers and reference checkers must not ask about or document information related to protected characteristics under EEOC-enforced laws, including race, color, religion, sex, pregnancy, sexual orientation, gender identity, national origin, age, disability, or genetic information. Questions about compensation history or current pay must be handled carefully and only where permitted by law. FLSA considerations and state pay-transparency or salary-history restrictions must be reviewed before any compensation-related inquiry is made. The organization will maintain a documented warning or escalation process if a reference check reveals information that may affect hiring decisions, and any adverse action must be handled through the applicable pre-adverse and adverse notice process when required by law.

1. **Obtain candidate consent** - Use the approved authorization form before contacting any reference. - Confirm the candidate understands what information may be requested and how it will be used. - Do not proceed if consent is missing, expired, or limited in a way that does not cover the intended check. 2. **Verify caller identity and authority** - Before releasing information, confirm the caller's name, company, title, and callback information. - Verify that the caller is authorized to receive or provide reference information. - If the caller cannot be verified, stop the process and escalate to HR. 3. **Conduct the reference check** - Use the approved question set and keep questions job-related and consistent across similarly situated candidates. - Document only factual, relevant observations and avoid speculative or subjective language. - Do not ask questions that could elicit protected-class information. 4. **Record the results** - Enter the date, time, reference source, verifier name, and summary of information received. - Mark any concerns for review by the hiring manager and HR. - If the reference check is vendor-managed, ensure the vendor provides a complete record suitable for audit and retention. 5. **Retention and disposal** - Store reference check records in the designated HR or applicant tracking system with access limited to authorized personnel. - Retain records for the period required by applicable law and the organization's retention schedule. - Dispose of records securely when the retention period expires. 6. **Escalation** - Escalate any suspected misrepresentation, adverse reference, or legal concern to HR and Legal before taking action. - If a reference check may influence a final hiring decision, ensure the decision is based on documented, job-related criteria.

- **HR / Talent Acquisition:** maintain the approved authorization form, question set, and retention schedule; train hiring teams; and oversee compliance. - **Hiring Managers:** request reference checks only through approved channels and use the results only for job-related hiring decisions. - **Recruiters:** obtain and verify candidate consent, coordinate reference outreach, and document results accurately. - **Legal / Compliance:** review exceptions, state-specific restrictions, and adverse action implications. - **External Vendors:** follow the organization's instructions, confidentiality requirements, and record-handling standards.

Failure to follow this policy may result in corrective action, up to and including removal of hiring authority, disciplinary action, contract termination, or other remedies permitted by law. Exceptions must be approved in writing by HR and Legal before any deviation from this policy occurs. The organization will apply this policy in a good-faith, consistent manner and will not retaliate against any employee who raises a concern about unlawful reference-check practices. Where a reference check is used in connection with an adverse employment decision, the organization will follow any required pre-adverse action and adverse action procedures under the Fair Credit Reporting Act (FCRA) or applicable state law.

This policy will be reviewed at least annually and updated as needed to reflect changes in EEOC guidance, FLSA requirements, privacy laws, record-retention rules, and state-specific employment law overlays. Any revisions must be approved by HR and Legal before publication. The policy holder is responsible for maintaining the current version and ensuring that hiring teams are trained on material changes.