BILL REQ. #:  H-4335.1 

Read first time 01/26/2004.   Referred to Committee on Judiciary.

     AN ACT Relating to civil liability reform; adding a new section to chapter 4.24 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that employers are becoming increasingly discouraged from disclosing job reference information by unclear laws and uncertain standards of liability. The legislature further finds that full good faith disclosure of job reference information will increase productivity, enhance the safety of the workplace, and provide greater opportunities to disadvantaged groups who may not have the educational background or resumes of other workers.

NEW SECTION.  Sec. 2   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, conduct, or other work-related information to 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 immune from civil liability for such disclosure or its consequences when such disclosure is made in good faith. For purposes of this section, an employer's disclosure of work-related information at the specific request of another employer or employment agency is presumed to be made in good faith. However, the presumption of good faith may be rebutted upon a showing of clear, cogent, and convincing evidence that the information disclosed by the employer was knowingly false or deliberately misleading.
     (2) For the purposes of this section, "employer" means a corporation, firm, organization, or any other entity with one or more employees and the employees and agents of the corporation, firm, organization, or other entity when acting within the scope of their employment or agency.

NEW SECTION.  Sec. 3   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.