Reference checking is a standard part of the hiring process, but it is not always easy to get references to speak. Sometimes it's because they are afraid their former employee will sue them if they divulge something the employee wanted kept secret. Other times, the reference may feel that saying as little as possible is the more prudent course. No one wants to be responsible for a candidate's missing out on a job.

Although former employers are justifiably concerned about liability, "there are no specific statutes governing reference checking," says Lewis Silverman, a partner at Jackson, Lewis, Schnitzler & Krupman, a White Plains, N.Y.-based national law firm specializing in employment law. Some states, such as Florida, have laws protecting reference-givers, stating they cannot be sued for information provided in reference checks. Other states are expected to follow suit.

For the potential new employer, federal employment laws guide the way. "The law says you can't discriminate on the basis of race, religion, color, sex, or national origin. You can't ask questions designed to elicit a candidate's age, race, or issues of that nature," Mr. Silverman says.

For the in-house recruiter, of course, the goal is to hire the most qualified person, and weed out undesirable candidates. The basis for making this decision is generally the information garnered from (sometimes tight-lipped) references.

Mr. Silverman offers seven tips to break down that wall of silence and encourage a reference to speak.

1. Use a reference release form. The form says that the employee has applied for a job with your company, and releases and discharges the former employer from all claims resulting from the information the employee discloses.

2. Expect reluctance when asking for information beyond what is included in the reference-release form. One way to win the reference-giver's confidence is to demonstrate discretion and thoroughness in checking references. Then, when you need him or her to extrapolate on a point or two, he or she will be more forthcoming.

3. Carefully phrase questions that elicit a response. You might say, "Ms. X has applied for a job at our firm and I'd appreciate it if you clarify a few items not covered in our release form." If you experience extreme reluctance, you might try asking a direct, all-inclusive question such as, "If this person reapplied for a job at your firm right now, would you hire him?"

Ask to meet your counterpart in person if they are reluctant to provide information over the phone. The HR community in many areas is small, allowing an in-person tension-free interaction. A half-hour chat will not only allay the other pro's fears, but also opens doors for further contact. This tactic is strongly recommended for important hires.

5. Converse in person with prior employers particularly for jobs in certain industries. These industries include safety-sensitive fields, such as healthcare, teaching, building services or for virtually any position involving a high degree of contact with the public. Taking the extra step is worth the effort.

6. Be attentive to the way your questions are answered. Listen for hesitancy in responses. Does the reference protest too much, or damn by faint praise?

7. Remember, reference checking is just one step in the process. Certain positions require an investigative background check to see if the candidate has any criminal convictions.