PRINTER'S NO. 204
No. 212 Session of 1997
INTRODUCED BY PUNT, DELP, THOMPSON AND ARMSTRONG,
JANUARY 24, 1997
REFERRED TO LABOR AND INDUSTRY, JANUARY 24, 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 former
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 from liability from disclosure of
10 information regarding former employees.
11 An employer who discloses information about a former
12 employee's job performance to a prospective employer of the
13 former employee upon request of the prospective employer or of
14 the former employee is presumed to be acting in good faith and,
15 unless lack of good faith is shown by clear and convincing
16 evidence, is immune from civil liability for such disclosure or
17 its consequences. For purposes of this section, the presumption
18 of good faith is rebutted upon a showing that the information
1 disclosed by the former employer was knowingly false or
2 deliberately misleading, was rendered with malicious purpose or
3 violated any civil right of the former employee.
4 Section 2. This act shall take effect in 60 days.
A10L42BIL/19970S0212B0204 - 2 -