5728-S AMS KAST S2409.1

SSB 5728 - S AMD 167

By Senators Kastama, Winsley, Keiser

NOT ADOPTED 03/14/2003

Beginning on page 3, line 28, strike all of section 202 and insert the following:

"NEW SECTION. Sec. 202. A new section is added to chapter 4.24 RCW to read as follows:

(1) An employer who discloses information about a former or current employee's job performance to an entity or person that it reasonably believes is a prospective employer, or employment agency as defined by RCW 49.60.040, at the specific request of that individual employer or employment agency, is presumed to be acting in good faith and is immune from civil liability for such disclosure or its consequences. Within a reasonable period of time after an employee or former employee submits a written request, an employer shall make available, in writing, information disclosed during a reference by the employer to a prospective employer or employment agency. 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 or recklessly false, or deliberately misleading.

(2) For the purposes of this section, "job performance" means the manner in which the employee performs the duties of a position of employment and includes an analysis of the employee's attendance at work; conduct, attitude, effort, knowledge, behavior, and skills, that are work-related; and adherence to the employer's employment policies and to safety and health laws; subject to the limitation of RCW 51.48.025."

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