H-2611.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1886

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By House Committee on Law & Justice (originally sponsored by Representatives Sheahan, McMorris, Sherstad, Lambert, Mulliken, Honeyford, Clements, Mitchell, Thompson and Sullivan)

Read first time 03/05/97.

Providing immunity from civil liability for information provided by former or current employers to prospective employers.

    AN ACT Relating to information provided by former or current employers to prospective employers; adding a new section to chapter 4.24 RCW; creating a new section; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 4.24 RCW to read as follows:

    An employer who discloses information about a former or current employee's job performance, conduct, or other work-related information to a prospective employer, is presumed to be acting in good faith and is immune from civil liability for such disclosure or its consequences.  For purposes of this section, the presumption of good faith may only be rebutted upon a showing by clear and convincing evidence that the information disclosed by the employer was knowingly false or deliberately misleading.

NEW SECTION. Sec. 2.  (1) A joint legislative task force is established to study and make recommendations concerning the liability of employers who provide job reference information about a current or former employee to a prospective employer.  In conducting this study, the task force shall review the following:  The extent to which employers refuse to disclose job reference information; the status of litigation regarding job references; the range of other protections available to workers; the impact of federal or state laws; and any other items deemed appropriate by the task force.  The task force shall make recommendations regarding the scope of immunity for employers who provide job reference information.

    (2) The task force shall submit a final report with its findings and recommendations to the legislature by December 1, 1997.

    (3) The task force membership shall consist of:

    (a) One member from each caucus of the senate, appointed by the president of the senate;

    (b) One member from each caucus of the house of representatives, appointed by the speaker of the house of representatives;

    (c) Two members representing an organization that represents a state-wide cross-section of business, appointed jointly by the president of the senate and the speaker of the house of representatives; and

    (d) Two members representing an organization that represents a state-wide cross-section of labor, appointed jointly by the president of the senate and the speaker of the house of representatives.

    (4) The task force shall choose its chair from among its membership.

    (5) This section expires January 1, 1998.

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