Is A Job Reference Really a Reference? Addressing Employer Name, Rank, and Serial Number Policies through Job Reference Immunity Legislation

Many employers are reluctant to provide detailed reference information about former employees because they fear being sued for defamation. To avoid liability, employers have implemented what are commonly known as name, rank, and serial number (NRS) policies that provide minimal information about former employees. This makes it very difficult for potential employers to obtain reliable and relevant information about past job performance of applicants. Forty states have recognized the detrimental effect this can have on employers and applicants alike, and have passed statutes granting immunity to employers who provide truthful, relevant information about a former employee and his/her job performance. This paper discusses the legal dilemma a former employer faces in providing a reference, analyzes common provisions of job reference immunity legislation, surveys which states have adopted such legislation, and examines the statutes’ effectiveness.