Senior Professional in Human Resources (SPHR) Certification Practice Exam 2025 – Comprehensive All-in-One Resource for Exam Success

An employer can avoid a claim of defamation when providing an employment reference under several conditions, which all contribute to legal protection in this context.

When the information shared is truthful, the employer is typically protected from defamation claims because defamation laws generally require the statement in question to be false. A truthful statement about an employee’s job performance or behavior cannot be deemed defamatory, as it does not misrepresent the individual.

Providing only dates of employment and a job title also helps in mitigating the risk of defamation. These types of factual, objective information are generally not seen as harmful or misleading and are unlikely to damage the individual's reputation. Since they do not provide subjective opinions on performance or character, they are commonly accepted as safe to share.

Having received written authorization from the employee to disclose personnel information adds another layer of protection. This consent implies that the employee is aware of what information is being shared and has approved the release. Such authorization can be crucial in establishing that the employer’s disclosure is permissible and not intended to harm the individual’s reputation.

Therefore, all these conditions collectively provide a robust defense against potential defamation claims, making them valid practices for employers when giving references.