PRINTER'S NO. 382
No. 338 Session of 1997
INTRODUCED BY WOGAN, HENNESSEY, KENNEY, MAITLAND, L. I. COHEN,
FARGO, ARMSTRONG, MILLER, GEIST, TRELLO, STERN, VANCE,
McGILL, KREBS, RAYMOND, PETTIT, STABACK, CARONE, TULLI,
READSHAW, FICHTER, LYNCH, DENT, E. Z. TAYLOR, FAIRCHILD,
MICHLOVIC, SCHRODER, SHANER, STEIL, COLAFELLA, KELLER AND
J. TAYLOR, FEBRUARY 10, 1997
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 10, 1997
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, authorizing immunity for
3 employers who disclose certain information regarding
4 employees.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 8339.1. Employer immunity relating to disclosure of employee
10 information.
11 An employer who discloses information about a current or
12 former employee's job performance to a prospective employer of
13 the current or former employee upon request of the prospective
14 employer or of the current or former employee is presumed to be
15 acting in good faith and, unless lack of good faith is shown by
16 clear and convincing evidence, is immune from civil liability
17 for such disclosure or its consequences. For purposes of this
1 section, the presumption of good faith is rebutted upon a
2 showing that the employer disclosed information that:
3 (1) the employer knew was false;
4 (2) the employer knew was deliberately misleading;
5 (3) was rendered with an improper purpose; or
6 (4) was rendered with reckless disregard as to the truth
7 or falsity of the information.
8 Section 2. This act shall take effect in 60 days.
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