ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Friday, February 28, 1997 TAG: 9702280015
SECTION: VIRGINIA PAGE: C-5 EDITION: METRO
DATELINE: RICHMOND
EMPLOYERS ARE INCREASINGLY unwilling to say anything at all about former employers - even if it's something good.
Looking for a new job? Don't expect much help from your former employer.
Most employers are so fearful of lawsuits these days that they will say almost nothing when asked for references on people who worked for them.
``We really give neutral references - employment and job title,'' said Miriam Ford, senior vice president of human resources at Crestar Bank. ``We usually find that other employers are handling it pretty much the same way we do.''
A 1995 survey of 1,331 personnel department workers by their national association - the Society for Human Resource Management - found that the problem is widespread.
Sixty-three percent of the respondents said the fear of a lawsuit kept them from providing information about a former employee. Seventeen percent said disgruntled former employees had challenged them over allegedly inaccurate references.
In a decision that could make businesses even more reluctant to give work histories, the U.S. Supreme Court ruled Tuesday that companies can be sued by former employees who say they suffered retaliation - such as a bad job reference - for accusing the employer of discrimination.
The silence from employers on the subject of their former employees has become so deafening that 26 states have passed laws giving employers limited immunity when they give a reference.
The immunity makes it tougher for workers to sue if they dislike the reference but still holds employers liable if they lie. Most of the laws are only a year or two old, too recent to tell whether they have emboldened employers to make employee references, said Sharon Horrigan, manager of state legislative affairs for the Alexandria-based Society for Human Resource Management.
Five bills that would have given Virginia employers immunity for recommendations were proposed by the General Assembly this year, but none passed.
``When we as employers are reluctant to give any sort of reference, there's a problem,'' said Del. Beverly Sherwood, R-Frederick, who offered one of the bills.
Sherwood was once in charge of human resources for a doctors' office in Winchester.
``We've had recommendations from lawyers to be very careful about giving recommendations,'' she said.
Even the homegrown and time-tested advice to say nothing about someone unless you can say something good has been eroded by the fear of litigation.
``Employers are not only reluctant to say something bad, they're also reluctant to say something good,'' said Kent Willis, executive director of the American Civil Liberties Union in Virginia. ``Now they're afraid to say anything at all.''
In California, a teen-age girl is suing three school districts over a favorable recommendation for a teacher they knew had been accused of sexual misconduct. In the new job he got with the help of the references, the teacher sexually assaulted the girl.
Because employers are afraid to discuss former workers, getting a job has become more difficult. Without substantive references, job seekers have to rely almost completely on the impression they make during interviews.
``What we've had to do is be a lot more thorough in our interviewing process,'' said Ford.
Many business advocates feel that the best way to loosen up employers is to grant some form of immunity. Civil liberties groups, however, warn that it may become too difficult for employees to sue for false or malicious references.
``A vindictive former employer can destroy future employment opportunities for people who worked for them,'' said Willis. ``Employers must be honest, and employees must have the ability to prevent them from saying things that are untrue. Granting them immunity gives employers far too much power.''
Willis said the law allows employers to say whatever they want about a former employee as long as they can back it up.
``The solution is education,'' he said. ``Employers need to know that they can tell the truth.''
But the truth may not spare an employer from being sued. Just the prospect of being dragged into court on a frivolous claim can silence an employer, said John Broadway, Virginia state director for the National Federation of Independent Business.
``Going to court is not free,'' he said. ``To defend even a groundless suit in court can be a very expensive situation.''
Even with an immunity law, employers are likely to remain reticent, said Keith Cheatham, public policy manager for the Virginia Chamber of Commerce.
``We've not been able to find an attorney who would recommend that their clients give references even with these bills,'' Cheatham said.
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