Expert warns on job reference demand

[SPDAY]

Expert warns on job reference demand

Asking job applicants for references could in some circumstances
give rise to legal claims under equality legislation, an
employment Law solicitor has told a Chartered Institute of
Personnel and Development (CIPD) seminar

Speaking at the event, Jacqui Kelly, of A and L Goodbody's
Employment Law Group, told the audience that a recent claim
brought to the Irish Equality Tribunal by a Polish national,
should cause employers and employment agencies to tread carefully,
even when it comes to asking for references

"In the case in question an employment agency insisted that the
job applicant supplied two work references from a previous
employer. The applicant only provided one such reference and was
not placed by the employment agency. The requirement for two
references was found by the Irish Equality Tribunal to constitute
indirect discrimination on grounds of race. Race discrimination,
which includes discrimination on grounds of national origin, is
among the nine grounds to be avoided by an employer in assessing a
job application," said Ms. Kelly

"The Tribunal ruled that the requirement operated to the
disadvantage of a non-Irish national in comparison with an Irish
national and that a smaller number of non-Irish applicants than
Irish applicants could furnish two work references. Therefore, the
requirement was found to be discriminatory," she said.

Ms. Kelly said that employment agencies can't hide behind the fact
that their client companies are insisting on only employing
applicants who can provide two references.

"It did not assist the employment agency's defence that its client
company had specified that it would only consider employing
applicants who provided two references. Companies cannot contract
out the requirement not to discriminate, either through their
dealings with prospective employees, or in their dealings with
other companies.

According to Ms.Kelly employers may however still be able to
justify the requirement for all job applicants to provide two
references, or to fulfil similar requirements, on the grounds that
it is reasonable in the circumstances. These circumstances will
vary on a case by case basis. However, any attempted justification
would in all likelihood face strong scrutiny before the Equality
Tribunal.