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An employee referral can introduce you to a promising applicant, but it should not determine who advances. Use the same job-related criteria and a consistent screening process for applicants seeking the same role. Provide any accommodations or assistance required by law so applicants can participate (U.S. Equal Employment Opportunity Commission [EEOC], n.d.-a).

Illustrative example: The workplace and people in this example are fictional. They do not describe an actual client, engagement, or result.

Suppose an employee refers someone for a scheduling role and says, “They’re great with people.” That is a useful introduction, but it does not show whether the applicant can manage a shared calendar, resolve scheduling conflicts, or follow a handoff process. Assess those skills directly, as you would for any applicant.

Before referrals come in, write down the role’s essential duties and the skills, experience, schedule, or credentials needed to do them. Separate requirements from preferences. Choose screening questions or a short work sample that measures the requirements. A neutral screening rule can still raise discrimination concerns if it disproportionately excludes a protected group and is not job-related and consistent with business necessity (EEOC, n.d.-b).

Use a consistent screening process:

1. Give applicants for the role the same application instructions, job details, deadlines, and next steps. Provide any accommodations required by law.
2. Treat a referral as a lead to verify. Invite the referrer to share firsthand observations about work related to the role; don’t treat those comments as a score or proof of ability.
3. Use the same core questions and scoring guide for applicants. Record specific, job-related evidence, such as an example of resolving a calendar conflict. Avoid vague labels like “polished,” “culture fit,” or “someone we know.”
4. Keep the referral separate from the evaluation. It should not guarantee an interview or excuse a missed requirement. Compare applicants with the role’s stated criteria.
5. Review where applicants hear about openings. The EEOC cautions that relying exclusively on employee referrals can create barriers to equal employment opportunity. Share openings through other recruiting channels, too (EEOC, 2006).

If your applicant tracking system lets reviewers hide the referral source during the first review, you may use that feature as an optional step. Continue to apply the same job-related criteria and scoring guide.

Periodically review how referred and non-referred applicants move through the process for the same role. If their progress differs at a particular stage, check whether the same screening steps and criteria were used. The difference alone does not show what caused it or establish that the process needs to change.

For example, if two applicants meet the requirements, compare their answers or work samples using the same scoring guide. If an applicant lacks a required credential, record that job-related reason and apply the requirement consistently. A referrer’s enthusiasm is not evidence of the applicant’s ability.

If you obtain an employment background report from a company that compiles reports, give the applicant a stand-alone written notice explaining that you may use the report for employment decisions. Get the applicant’s written permission before ordering it. Before deciding not to hire based on the report, provide a copy of the report and the required summary of rights. If you proceed with the decision, send the required adverse-action notice (U.S. Equal Employment Opportunity Commission & Federal Trade Commission, 2014).

Keep screening criteria, notes, scores, and the decision reason in the appropriate hiring record system. Limit access to people who need the information, and follow applicable recordkeeping and secure-disposal rules.

Before deciding, ask: Can you explain the choice using the same job-related evidence and process for every applicant?

Rize with Clarity. Lead with Confidence.

U.S. Equal Employment Opportunity Commission. (n.d.-a). 3. I’m recruiting, hiring or promoting employees. https://www.eeoc.gov/employers/small-business/3-im-recruiting-hiring-or-promoting-employees

References

U.S. Equal Employment Opportunity Commission. (n.d.-b). Prohibited employment policies/practices. https://www.eeoc.gov/prohibited-employment-policiespractices

U.S. Equal Employment Opportunity Commission. (2006, April 19). Questions and answers about race and color discrimination in employment. https://www.eeoc.gov/laws/guidance/questions-and-answers-about-race-and-color-discrimination-employment

U.S. Equal Employment Opportunity Commission, & Federal Trade Commission. (2014, February 10). Background checks: What employers need to know. https://www.ftc.gov/business-guidance/resources/background-checks-what-employers-need-know

RizeHRAdvisory™ shares educational information about human resources, payroll, compliance, and workplace operations. These lessons are for general information and discussion, not legal, tax, accounting, or individualized HR advice. Laws and requirements may vary by location and change over time. Check current, authoritative sources and consult a qualified professional about your organization’s circumstances.

Some lessons use fictional people, workplaces, and conversations to illustrate an HR process. Those examples do not describe actual clients, engagements, or results. A fictional example is not a prediction or promise of an outcome.