References Needed

Imagine trying to hire a new employee if the applicant’s prior employers refused to provide reference information.

Employers in Washington state don’t have to imagine. Fear of lawsuits has made many employers unwilling to comment about former employees, whether their evaluation would be good or bad. According to the Association of Washington Business, 63 percent of the nation’s human resource managers refuse to provide any reference information at all. They fear they’ll be sued if negative references make it hard for a worker to find a new job, or if a worker they say is good subsequently turns out bad.

The fearful silence handicaps qualified job applicants. Also, it handicaps employers - whether they’re accounting firms looking for persons who know tax law, or schools looking for competent teachers who don’t abuse kids.

Both chambers of Washington’s Legislature have passed versions of a bill to fix the situation. Known as SB 6699, it would provide reasonable insulation from the lawsuit fears. The bill says employer references are presumed to be made in good faith, but still can be grounds for a lawsuit if proved, by clear and convincing evidence, to be knowingly false or deliberately misleading.

Gov. Gary Locke ought to sign this proposal into law.

, DataTimes The following fields overflowed: CREDIT = John Webster For the editorial board