(a)(1) A current or former employer may disclose the following
information about a current or former employee's employment history
to a prospective employer of the current or former employee upon
receipt of written consent from the current or former employee:
(A) Date and duration of employment;
(B) Current pay rate and wage history;
(C) Job description and duties;
(D) The last written performance evaluation prepared prior
to the date of the request;
(E) Attendance information;
(F) Results of drug or alcohol tests administered within
one (1) year prior to the request;
(G) Threats of violence, harassing acts, or threatening
behavior related to the workplace or directed at another employee;
(H) Whether the employee was voluntarily or involuntarily
separated from employment and the reasons for the separation; and
(I) Whether the employee is eligible for rehire.
(2) The current or former employer disclosing such information
shall be presumed to be acting in good faith and shall be immune
from civil liability for the disclosure or any consequences of
such disclosure unless the presumption of good faith is rebutted
upon a showing by a preponderance of the evidence that the information
disclosed by the current or former employer was false, and the
current or former employer had knowledge of its falsity or acted
with malice or reckless disregard for the truth.
(b)(1) The consent required in subsection (a) of this section
must be on a separate form from the application form or, if included
in the application form, must be in bold letters and in larger
typeface than the largest typeface in the text of the application
form. The consent form must state, at a minimum, language similar
to the following:
"I, (applicant), hereby give consent to any and
all prior employers of mine to provide information with regard
to my employment with prior employers to (prospective employer)."
(2) The consent must be signed and dated by the applicant.
(3) The consent will be valid only for the length of time
that the application is considered active by the prospective employer
but in no event longer than six (6) months.
(c) The provisions of this section shall also apply to any
current or former employee, agent, or other representative of the
current or former employer who is authorized to provide and who
provides information in accordance with the provisions of this
section.
(d)(1) This section does not require any prospective employer
to request employment history on a prospective employee and does
not require any current or former employer to disclose employment
history to any prospective employer.
(2) Except as specifically amended herein, the common law
of this state remains unchanged as it relates to providing employment
information on present and former employees.
(3) This section shall apply only to causes of action accruing
on and after July 30, 1999.
(e) The immunity conferred by this section shall not apply
when an employer or prospective employer discriminates or retaliates
against an employee because the employee or the prospective employee
has exercised or is believed to have exercised any federal or state
statutory right or undertaken any action encouraged by the public
policy of this state.
History. Acts 1999, No. 1474, §§ 1-5.
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