A Guide to Providing Ethical
and Legal References
What we will discuss..
•
What Students Should Know
•
What a Reference Provider Should Know
•
Written References
•
Verbal References
•
Pitfalls
What Students Should Know…
 Effective references are vital
 The best reference providers are busy
 Reference providers must be able to write or speak confidentially about
a student’s capabilities.
 I should take care of my references: keep them informed, thank them
 You will be asked for three or four references, so you should have five
or six
Students- your reference providers must…
 Have your resume
 Know you professionally
 Know for what positions you are applying- i.e. they have the job
descriptions
 Be honest
Students- your references must not be…
 Your neighbor
 Your clergy
 Your family friends
 Unwilling to work for nothing for you
 One gender only- balance the genders
Students- you must provide…
 A reference’s full name, title, employer, daytime address, daytime
telephone number, email address
 An understanding or clear link to the relationship of the reference to
you, in the resume or on the Reference page
 Your reference with information about the success (or failure) of your
job search
What a Reference Provider
Should Know…
First, ask yourself:
 Do I know this person well enough to be a reference?
 Am I able to do this by xxx date?
 What will I say about this person?
 Do I have this person’s resume?
 Do I have a Release from this person?
Written References…
 Provide a written reference only if a student has given your name as a
reference.
 When you prepare reference letters, be factual; do not editorialize.
Avoid vague statements.
 Respond to the specific inquiry about the student or job applicant.
Direct the response to the particular person who requested the
information.
 If a “to whom it may concern” reference letter is requested, document
that this is the type of reference requested and that the student or job
applicant takes responsibility for disseminating the letter to the proper
persons.
Written References (cont.)
 Avoid giving personal opinions or feelings. However, if you make subjective
statements or give opinions because they are requested, clearly identify them as
opinions and not as fact.
 If you give an opinion, explain the incident or circumstances upon which you
base the opinion.
 Be able to document all information you release
 Relate references to the specific position for which the person applied and the
work that the applicant will perform.
Written References (cont.)
 State in the reference letter, “This information is confidential, should
be treated as such, and is provided at the request of [name of student or
applicant], who has asked me to serve as a reference.” Statements such
as this give justification for the communication and leave no doubt that
the information was not given to hurt a person’s reputation.

Do not include information that might indicate the individual’s race,
color, religion, national origin, age, disability, citizenship status, sex, or
marital status.
Written References (cont.)
 Before disclosing educational information covered by FERPA (e.g.
student's transcripts, GPA, grades, social security number, etc.), you
must obtain the written consent of the student. Failure to obtain such
consent may constitute a violation of FERPA.
Sample Release Form
PERMISSION TO RELEASE PERSONAL INFORMATION
I _______________________________________________
hereby grant permission to ____________________________
to release information contained in my personal file to employers,
educational institutions, and foundations for the purpose of assisting
me in obtaining employment, admission to graduate or professional
school, fellowships, and/or scholarships.
Signature______________________________Date________
Verbal References…
o Do not disclose information regarding a student’s education record
without the written consent of the student.
 Informal “lunch” discussions or “off the record” telephone conversations
with prospective employers regarding a student’s performance should be
avoided unless the student is aware of the discussions and has given
approval for such conversation.
 Information given should be factual, based upon personal
knowledge/observation of and contact with the student.
Verbal References (c0nt.)
 If any employer contacts faculty and advises the faculty that a student has
given permission for the faculty member(s) to give a verbal reference,
verification of this permission should be obtained from the student before
giving any information to the employer. Such verification can include a copy
of the student’s signed employment application listing the faculty as a
reference, or a verbal confirmation by the student, followed by written
confirmation.
 In addition, those giving verbal references should follow “Written Reference”
guidelines .
Pitfalls..caution!...
Candidate Referral
 Employers may contact you to request the names of students who would be
excellent candidates for job opportunities. If you or a colleague receive a job lead
from an employer and choose only to refer a few individuals without publicizing
the position to all students who may be qualified, you are not maintaining "a fair
and equitable recruiting process."
 By identifying individuals for employment on a "regular" basis, you may be
considered an "employment agency" for purposes of compliance with equal
employment opportunity laws. For example, if it appears as if you are (innocently
or otherwise) referring only male students or only minority students, you may be
open to charges of discrimination.
What to do…
 If you receive a request for student referrals, you can notify individual students
who have declared an interest in such positions and encourage them to apply.
However, you should also post the position in your department/area and
announce it to your classes or groups with which you work.
 Contact the Career Center so that the position can be listed campus-wide. There
are practical reasons for these actions: The Career Center office may have an
existing relationship with the requesting employer through co-op, part-
time/summer job, internship, job fair, or other recruiting programs. Or, the
Career Center practitioners may wish to develop a broader relationship with the
employer. Sometimes unproductive misunderstandings occur when an employer
works with more than one campus office
Another Tricky One…
Referral of Minority Candidates
 Missouri State University has diversity objectives. Accordingly, we should make a
special effort to identify and attract minority candidates.
 Our University endorses compliance with EEO guidelines and adherence to
affirmative action principles. It is illegal to discriminate against protected groups.
It is considered appropriate for Career Center practitioners to inform members of
protected groups about employment opportunities, especially in areas where
minorities are underrepresented. Similarly, employers are encouraged to inform
minority populations of special activities, e.g., information sessions or career
fairs that have been developed to help achieve an employer's affirmative action
goals. You can support all of these activities.
Another Tricky One (cont.)
 While it is lawful and ethical for you to assist employers in reaching out to
minority groups, it is inappropriate for you to identify only minority individuals
who might fit the needs of an organization. You have an obligation to provide a
"fair" system, i.e., one where all students have access to information about career
opportunities.
 If you receive a request for minority candidate referrals, you can make
announcements in class, post signs in your department, notify minority students'
organizations , pass the request on to the Career Center, or refer the employer to
the Multicultural Student Services office.
Suggestions…
 Written references should be limited to one (1) typed page, al least size
12 font
 Notify a student when you provide a reference, written or verbal
 Be honest; don’t embellish trying to help.
Samples
Sample Employer Reference Letter
Dear [Name of Employer]:
This reference letter is provided at the request of (or with the written authorization of) [name of former employee]. It is
my understanding that [individual's name] has applied for the position of [job title] with your organization. The
information contained in this letter is confidential and should be treated as such. It should not be disclosed to anyone
within your organization who would not be involved in the hiring decision regarding this individual. Moreover, it should
not be disclosed to anyone outside of your organization without the written consent of [individual's name].
[Individual's name] has been employed [or has participated in an internship, cooperative education, or
work-study program] by our company since [date] and has held the following position(s): [list positions and
salary in each position]. In [his/her] most recent position, [he/she] had responsibility for [explain the
person's main responsibilities in this position]. [State your estimation of his/her performance, based
upon performance appraisals or other work records that would support your evaluation]. [Individual's
name] interacted well with co-employees, was reliable, and showed good judgment. [Give examples.]
If you would like to discuss this further, please feel free to contact me.
Sincerely,
Samples
Sample Faculty Reference Letter
Dear [Name of Employer]:
This reference letter is provided at the written request of [name of student], who has asked me to serve as a reference on
[his/her] behalf. It is my understanding that [name of student] is being considered by your organization for the
position of [job title]. Please be advised that the information contained in this letter is confidential and should be
treated as such. The information should not be disclosed to [name of student, if student has waived access] or
anyone in your organization who would not be involved in the hiring decision regarding this individual. Additionally,
the information should not be disclosed to anyone outside of your organization without the consent of the student.
I have known [name of student] for the past [number of months, semesters, years] as [he/she] has taken the
following courses which I teach: [list courses, give brief description of content of course]. As [his/her]
professor, I have had an opportunity to observe the student's participation and interaction in class and to evaluate the
student's knowledge of the subject matter. I would rate the student's overall performance in these subjects as average.
This is evidenced by [his/her] grades--[state the grades].
[One or two specific examples of the student's performance may be appropriate.] As part of [his/her] grade
in [name of course], the student was required to prepare a paper. The paper was designed to measure the student's
ability to research, to analyze the results of the research, and to write. [Discuss how the paper submitted by the
student indicated to you the student's skills in these areas.] Based upon this, I rate the student's skills
competent but not excelling.
The one area in which the student performed above average was in oral communications. [Give specific example to
support this.]
Based upon the student's academic performance and my understanding of the position for which the student is applying, I
believe the student would perform (place overall evaluation here).
If you would like to discuss this further, please feel free to contact me.
Sincerely,
Defamation
To be defamatory, a statement must be false and must harm the
person’s reputation and lower his or her esteem within the
community. “Harm to one’s reputation” must result in tangible
harm, e.g., loss of money, business, or employment, to the person. A
substantially true statement may be defamatory if it is incomplete
and misleading. Statements of opinion are defamatory if they are
based on unsubstantiated facts.
The general rule is that no defamation is committed unless the
erroneous statement is written or spoken to someone other than the
person about whom the statement is made. Some courts have held
that if the communication is among managerial personnel of the
same organization and concerns business issues, such as
performance problems of employees, it is not considered “a
publication” to a third person.
Qualified Privilege
In the employment context, the law provides a “qualified privilege” for communications made in
good faith on any subject in which the party making the communication has an interest. Some
courts have held that qualified privilege applies to personnel evaluation information or intracompany communications regarding an employee’s fitness. Even though remarks may be
untrue, if the conditions of qualified privilege are met, the communicator has a complete
defense against the defamation claim.
An employer may be protected by a qualified privilege when it discloses information necessary to
serve its legitimate interest in an employee’s fitness to perform. For example, qualified privilege
applies when a current employer discloses the reasons for an employee’s discharge to a
prospective employer. It also applies when a supervisor is informed of his/her employee’s
improper conduct. The privilege may be lost if the communication reaches people who do not
have a legitimate interest in the subject.
A statement also loses its privileged character if the communicator is motivated by ill will, if there
is excessive communication of the statement, or if the statement is made without a reasonable
belief that it is true.
At issue is not only the factual accuracy of the statement. For a statement to be defamatory, it must
be shown that substantial evidence exists that the supervisor knowingly lied or had no idea
(reckless disregard for the truth) whether the statement was true. Reckless disregard for the
truth includes a failure to verify circumstances where verification is practical.
Thank you for enabling this exchange of ideas…
http://careercenter.missouristate.edu/AGuidetoEthicalandLeg
alStandardsinProvidingStudentReferences.htm
417-836-5636
careercenter.missourisiate.edu