PRIOR PRINTER'S NO. 78 PRINTER'S NO. 650
No. 69 Session of 2005
INTRODUCED BY VANCE, GREENLEAF, M. WHITE, ARMSTRONG, COSTA,
ERICKSON, GORDNER, KITCHEN, LEMMOND, LOGAN, ORIE, PICCOLA,
RAFFERTY, TOMLINSON, WENGER, D. WHITE, WONDERLING, BOSCOLA,
STACK AND REGOLA, JANUARY 31, 2005
AS AMENDED ON SECOND CONSIDERATION, APRIL 4, 2005
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for employer
3 immunity from liability for disclosure of information
4 regarding former or current 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 § 8340.1. Employer immunity from liability for disclosure of
10 information regarding former or current employees.
11 (a) General rule.--An employer who discloses information
12 about a former or current employee to a prospective employer of <--
13 the former or current employee upon request of the prospective
14 employer or of the former or current employee is immune from any
15 and all civil liability, including, but not limited to,
16 defamation and interference with contract or prospective
17 contract, for such disclosure or its consequences.
18 (b) Applicability.--The immunity provided for in subsection
1 (a) shall not apply if it is shown in any civil action by the
2 former or current employee by clear and convincing evidence that
3 the former or current employer intentionally disclosed
4 information knowing that it was false and acting out of ill-
5 will.
6 (c) Construction.--This section shall not be construed as
7 establishing a cause of action or substantive legal right
8 against an employer. This section does not affect any immunities
9 from civil liability or defenses established by another
10 provision of this title, other law or available at common law to
11 which an employer may be entitled. ABOUT A CURRENT OR FORMER <--
12 EMPLOYEE'S JOB PERFORMANCE TO A PROSPECTIVE EMPLOYER OF THE
13 CURRENT OR FORMER EMPLOYEE, UPON REQUEST OF THE PROSPECTIVE
14 EMPLOYER OR THE CURRENT OR FORMER EMPLOYEE, IS PRESUMED TO BE
15 ACTING IN GOOD FAITH AND, UNLESS LACK OF GOOD FAITH IS
16 DEMONSTRATED BY CLEAR AND CONVINCING EVIDENCE, IS IMMUNE FROM
17 CIVIL LIABILITY FOR SUCH DISCLOSURE OR ITS CONSEQUENCES IN ANY
18 CASE, BROUGHT AGAINST THE EMPLOYER BY THE CURRENT OR FORMER
19 EMPLOYEE. THE PRESUMPTION OF GOOD FAITH MAY BE REBUTTED ONLY BY
20 CLEAR AND CONVINCING EVIDENCE ESTABLISHING THAT THE EMPLOYER
21 DISCLOSED INFORMATION THAT:
22 (1) THE EMPLOYER KNEW WAS FALSE OR IN THE EXERCISE OF
23 DUE DILIGENCE SHOULD HAVE KNOWN WAS FALSE;
24 (2) THE EMPLOYER KNEW WAS MATERIALLY MISLEADING;
25 (3) WAS FALSE AND RENDERED WITH RECKLESS DISREGARD AS TO
26 THE TRUTH OR FALSITY OF THE INFORMATION; OR
27 (4) WAS INFORMATION THE DISCLOSURE OF WHICH IS
28 PROHIBITED BY ANY CONTRACT, CIVIL, COMMON LAW OR STATUTORY
29 RIGHT OF THE CURRENT OR FORMER EMPLOYEE.
30 (B) EFFECT UPON IMMUNITY.--THIS SECTION SHALL NOT BE
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1 CONSTRUED TO AFFECT IMMUNITIES FROM CIVIL LIABILITY OR DEFENSES,
2 ESTABLISHED BY LAW OR AVAILABLE AT COMMON LAW, TO WHICH AN
3 EMPLOYER MAY BE ENTITLED.
4 (d) (C) Definition.--As used in this section, the term <--
5 "employer" means a business enterprise of whatever form, a
6 public OR NONPROFIT entity or any person acting on behalf of the <--
7 business enterprise or public OR NONPROFIT entity. <--
8 Section 2. This act shall take effect in 60 days.
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