What are the guidelines for giving references?

Civil Code Section 47(c) specifically protects employers when they are asked if an ex-employee is eligible for rehire. The code section provides a "privilege" to answer that question "yes" or "no." Civil Code Section 47(c) was amended effective January 1, 2019 to additionally ensure employers will not be sued for defamation by an alleged harasser as a result of a job reference. Employers are now permitted to reveal in a job reference whether the individual is not eligible for rehire because the employer determined that they engaged in sexual harassment.

Employers nonetheless often are reluctant to provide any references on ex-employees for