Career Development Center : Faculty & Staff : Reference Letters

Faculty & Staff > Writing Reference Letters

Writing Reference Letters

Often, faculty and staff at higher educational institutions are asked to provide letters of reference for students applying for an employment opportunity or admission into graduate school. It is important that reference letters provide useful information about the student while protecting the writer from litigation for defamation.

Tips for Giving References

Before giving out any reference information, make sure to have consent from the individual that the reference concerns.
Provide factual information and document the information you provide; personal opinions should be avoided, if possible.
Find out about the specific job or program the student is applying for and the work that it entails and relate the reference to the job or program.
Do not include personal information, such as race, age, sex, or religion in the reference.
It is best to give a complete, accurate picture of the student referenced. Be honest with the student about the kind of reference that you can give the student.
You do have the right to refuse to provide a reference for students with whom you have had a negative experience!

Legal Issues in Reference Writing

The goal of a reference letter is to provide an accurate representation of the abilities and history of an individual. However, many letter writers are hesitant to give less than positive information about former students or employees because of the recent increase in lawsuits against reference-givers for slander.

To be defamatory, information provided in the reference must be false or misleading or, if opinion, based on unsubstantiated facts. Factual information may actually be considered misleading, though, if important information is missing from the reference.

Employee References

Qualified Privilege

You may have a student worker who needs a reference from you. Employers, including those whose employees are in co-ops, are protected by “qualified privilege”. Qualified privilege protects from litigation employees who provide legitimate, accurate, however defamatory, information about an employee’s ability to perform in a job.

Qualified privilege may be lost if an employer provides information without a reasonable belief that the information is accurate or communicates the employee’s information to people who have no reason to obtain the information.

Reference-Writing Tips for Employers

Faculty References

Faculty members who are not student employers are not protected by qualified privilege. Faculty must rely on common law to protect them if litigation is brought against them. Often, students are asked sign a form waiving their rights to access information about the letter. This is one method for protecting faculty members from litigation, although students cannot be required to sign this type of form. It is very important for the student’s future employer or school to receive honest feedback about the student, so as a faculty member, if you are uncomfortable giving an honest appraisal, it may be best to simply refuse to provide a reference for the student.

Legal Principles Involved in Reference Letter Writing