Reference Checking & Referral Updates: Avoiding Negligent Hiring & Liability

In our interactive instructor-led 60-minute event, you will learn how to balance the speed of referrals with the rigorous vetting required in 2026. While employee networks are powerful, relying on "who you know" has become a compliance minefield under new federal scrutiny regarding "disparate impact" and hiring bias.

This session cuts through the noise to provide a compliant framework for "Trust but Verify." You will learn how to design referral programs that incentivize merit without creating homogeneity, and how to standardize reference checks to ensure every candidate (friend or stranger) undergoes the same defensible scrutiny.

You will learn:

• How to sanitize referral programs of bias traps that lead to "like hires like" homogeneity
• Exactly what you can (and cannot) ask references in 2026 to get the truth without inviting a lawsuit
• Ways to standardize protocols so every candidate undergoes the exact same vetting process
• Strategies to track whether your referral incentives are driving retention or just wasting budget

Program Highlights

Sanitizing Referrals for the "Merit-Based" Era

• How to align incentives with organizational goals without compromising process integrity
• Techniques for avoiding "Clone Culture" (where referrals reflect only existing demographics)
• Ways to structure monetary vs. non-monetary payouts to maximize ROI and minimize bias

Reference Checking in a Litigious Environment

• How to navigate "off-the-record" conversations without crossing the line into defamation or liability
• Standardizing questions and documentation to avoid "ad-hoc" checks that expose the company to risk
• What references can reliably tell you about a candidate—and what they legally cannot

Building a Defensible Vetting Process

• Ensuring referred candidates follow the exact same vetting workflow as external applicants
• How to use Applicant Tracking Systems (ATS) and bias-mitigation tools to protect your decisions
• Metrics for tracking hire quality and retention to prove the long-term value of your referral program

ABOUT THE SPEAKER

Michelle Coussens, CEO & Business Strategist | Plan B Consulting Services LLC

Michelle Coussens is a frequently sought-after speaker and business strategist for numerous types of organizations on a wide range of topics related to the workplace, including but not limited to talent management, business strategy, and operational effectiveness. With consistently high participant ratings, her webinars, seminars, and speaking engagements bring practical value to businesses of every size and type. She is a resourceful, resilient, and relentless business professional with demonstrated success in building new programs, driving short-term efficiencies, and improving long-term effectiveness all through innovation, rigor, and courageous leadership. She has direct experience with a variety of industries, as well as in consulting, education, and not-for-profit organizations.