Pending Bills Would Bar Civil Liability for Providing Good Faith References for Former Employees

Two pending bills (S300 and A695) seek to exempt an employer from civil liability when the employer, in good faith, discloses certain information about the employee to a prospective employer, including:

• The employee’s name, title, compensation, period of employment and reason for, or circumstances of, separation from employment;
• Information regarding the qualifications or job description of the position that the employee holds or held;
• Information regarding the employee’s attendance; and
• Information regarding workplace accidents that involved the employee.

Employers that disclose such information will be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the employer acted with actual malice.