The Hidden Risk of Backdoor References: What Employers in Ontario and BC Need to Know

In competitive hiring environments, it's tempting to rely on your network to get the "real story" on a candidate, beyond their polished resume and carefully selected references. This kind of informal outreach, often called a "backdoor reference", might seem harmless or even smart. But if you're operating in Ontario or British Columbia, it could land you in hot water.

Here's what you need to know about the risks of backdoor references, the legal landscape in your province and best practices that protect both your organization and the candidate.

What is a Backdoor Reference?

A backdoor reference (also known as an informal or unsolicited reference) happens when an employer or recruiter contacts someone who is not listed by the candidate - usually without the candidate's knowledge or consent. It could be a mutual LinkedIn connection, a past colleague or someone who knows the candidate from a previous role.

The intent is usually to gain unfiltered, candid feedback. But the risks are real.

The Legal Landscape in Ontario and British Columbia

Privacy laws in Ontario and BC take a different approach, but both raise red flags when it comes to informal reference checks.

Ontario:

• While Ontario doesn't have a private-sector privacy law equivalent to BC's PIPA, employers are still guided by common law principles around privacy and confidentiality.

• The Ontario Human Rights Code also prohibits discrimination in hiring. If a backdoor reference introduces bias or inaccurate assumptions about a candidate, this could result in a human rights complaint.

British Columbia:

• BC employers must follow the Personal Information Protection Act (PIPA).

• Under PIPA, employers can only collect personal information that is reasonable for the purpose and must generally inform the individual and get consent.

• A backdoor reference without consent could easily be considered a breach of this legislation.

In short, the legal landscape doesn't support informal checks done without consent - especially in BC, where the rules are more defined and enforceable.

Why Backdoor References Are Problematic

1. Breach of Privacy and Confidentiality

   • Contacting someone not authorized by the candidate can expose sensitive employment information.

   • If the candidate is currently employed, it could put their job at risk.

   
   

2. Bias and Misinformation

   • Informal sources may offer outdated, irrelevant or biased feedback that unfairly influences hiring decisions.

   • This undermines efforts to build fair, inclusive hiring processes.

   
   

3. Legal Risk

   • If a candidate is rejected based on comments made informally and without their knowledge, your organization could face complaints under human rights or defamation laws.

   
   

4. Damaged Employer Brand

   • Candidates who learn that informal references were sought without their permission may lose trust in your organization.

   • Word travels fast, especially in small industries.

Best Practices for Employers

While due diligence is important, there are better and safer ways to get the insights you need:

• Get Explicit Consent: Include a clause in your reference form that indicates you may contact individuals beyond those listed, with the candidate's agreement.

  
  

• Limit Your Outreach: Avoid contacting anyone at the candidate's current workplace unless they’ve explicitly said it’s safe to do so.

  
  

• Keep it Role-Relevant: Focus questions on job-related competencies and responsibilities.

  
  

• Use Structured Reference Tools: Develop a standard reference template or scoring system to reduce bias.

  
  

• Document Your Process: Record who was contacted, what was discussed, and how the information was used in the decision-making process.

  
  

A More Strategic Approach

Backdoor references often reflect an old-school mindset in recruitment - one that prioritizes informal connections over structured, equitable processes. In today's hiring landscape, especially in Ontario and BC, that approach is outdated at best and legally risky at worst.

Organizations that prioritize fairness, transparency and compliance will ultimately attract stronger candidates and reduce their exposure to unnecessary risk.

Need support building legally sound, inclusive reference check practices?

Our team can help you modernize your hiring processes while staying fully compliant in your province.

Contact Us Today