Abstract
This article examines the legal and ethical complexities surrounding employment references in academic and corporate settings, emphasizing the heightened litigation risk faced by administrators. It explains how defamation claims and negligent hiring suits can arise both from disclosing unfavorable information and from withholding relevant facts, illustrating consequences with recent court decisions. The concept of qualified privilege is outlined as a conditional protection that permits truthful communication among employers while prohibiting malicious or excessive disclosure. Drawing on survey data and case law, the discussion identifies common institutional responses such as no comment policies and evaluates their adequacy. To mitigate legal exposure, this article proposes comprehensive guidelines for requesting and providing references, including informed candidate consent, standardized questioning, meticulous documentation, controlled access to records, and verification of requester identity. Adoption of written departmental policies grounded in these recommendations is presented as essential for safeguarding institutional interests and promoting responsible hiring practices today.
Recommended Citation
Thomas, James
(1992)
"ACA Convention Program: Ethics and Methods of Employment References,"
Association for Communication Administration Bulletin: Vol. 80, Article 4.
Available at:
https://stars.library.ucf.edu/aca/vol80/iss1/4
