H-1038.1  _______________________________________________

                          HOUSE BILL 1754

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Huff, Lisk, Alexander, Cairnes, Carrell, Benson, Lambert, Barlean and Mulliken

Read first time 02/04/1999.  Referred to Committee on Judiciary.

Limiting the liability of a current or former employer who provides information about a current or former employee's work record to a prospective employer.

    AN ACT Relating to information provided by former or current employers to a prospective employer; 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 and enhance the safety of the workplace.

NEW SECTION. Sec. 2.  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 to a prospective employer is presumed to be acting in good faith and is immune from civil liability for such disclosure or its consequences if the disclosed information relates to: (1) The employee's ability to perform his or her job; (2) the diligence, skill or reliability with which the employee carried out the duties of his or her job; or (3) any illegal or wrongful act committed by the employee.  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.

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