Screening candidates for employment by conducting background and reference checks is a valuable way for employers to discover relevant information about potential employees, particularly with the increasing ability to easily obtain information about candidates from the Internet. The information discovered may indicate whether an applicant will be a good fit for a position. On the other hand, the information discovered may suggest that an applicant is not qualified. Additionally, an employer may protect itself from potential liability associated with negligent hiring and negligent retention claims by reviewing an applicant’s background. However, employers are cautioned to ensure the process for using the Internet and other resources to verify background information are not discriminating in nature.
Often, as a part of the application process, a prospective employer will want to gather information from a prospective employee’s current or former employers. Iowa law protects employers from liability for providing work-related information about current and former employees to a prospective employer of that employee. The information must be given in response to the request or authorization of the current or former employee or a request by a person who the current or former employer, in good faith, believes to be...
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