BILL REQ. #:  S-2006.3 

READ FIRST TIME 03/05/03.   

     AN ACT Relating to information provided by former or current employers to prospective employers; amending RCW 49.12.250; 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. The legislature further finds that full disclosure of such 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 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. 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.
     (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.

Sec. 3   RCW 49.12.250 and 1985 c 336 s 2 are each amended to read as follows:
     (1) Each employer shall make such file(s) available locally within a reasonable period of time after the employee requests the file(s).
     (2) An employee annually may petition that the employer review all information in the employee's personnel file(s) that are regularly maintained by the employer as a part of his business records or are subject to reference for information given to persons outside of the company. The employer shall determine if there is any irrelevant or erroneous information in the file(s), and shall remove all such information from the file(s). If an employee does not agree with the employer's determination, the employee may at his or her request have placed in the employee's personnel file a statement containing the employee's rebuttal or correction. Nothing in this subsection prevents the employer from removing information more frequently.
     (3) A former employee shall retain the right of rebuttal or correction for a period not to exceed two years.
     (4) 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.