PRIOR PRINTER'S NOS. 204, 1436 PRINTER'S NO. 1473
No. 212 Session of 1997
INTRODUCED BY PUNT, DELP, THOMPSON AND ARMSTRONG,
JANUARY 24, 1997
AS AMENDED ON THIRD CONSIDERATION, NOVEMBER 17, 1997
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, authorizing PROVIDING <--
3 immunity for employers who disclose certain information
4 regarding current or former 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 current or former employees.
11 An employer who discloses (A) GENERAL RULE.--AN EMPLOYER WHO <--
12 DISCLOSES CONFIDENTIAL information about a current or former
13 employee's job performance to a prospective employer of the
14 current or former employee upon request of the prospective
15 employer or of the current or the former employee is immune from
16 civil liability for such disclosure or its consequences, unless
17 the information disclosed by the current or the former employer
18 was knowingly false or deliberately DELIBERATELY FALSE OR <--
1 misleading, was rendered with malicious purpose or, violated any <--
2 civil right of the current or former employee OR WAS DISCLOSED <--
3 WITH A RECKLESS INDIFFERENCE FOR THE TRUTH OR WAS DEFAMATORY. AS
4 USED IN THIS SECTION, THE TERM "INFORMATION" DOES NOT INCLUDE
5 MEDICAL RECORDS WHICH ARE NOT DIRECTLY RELEVANT TO THE CURRENT
6 OR FORMER EMPLOYEE'S JOB PERFORMANCE.
7 (B) APPLICATION OF SECTION.--FOR THIS SECTION TO APPLY, THE
8 PROSPECTIVE EMPLOYER SEEKING THE INFORMATION MUST BE ONE WITH A
9 JUSTIFIABLE RIGHT TO DO SO AND THE CURRENT OR FORMER EMPLOYER
10 SUPPLYING THE INFORMATION MUST BE ONE WITH THE RIGHT OR
11 RESPONSIBILITY TO SUPPLY IT.
12 Section 2. This act shall take effect in 60 days.
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