READ FIRST TIME 02/06/04.   

     AN ACT Relating to information provided by former or current employers to prospective employers; adding a new section to chapter 4.24 RCW; adding a new section to chapter 49.12 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, 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 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 employer knew that the information was false or misleading.
     (2) The employer must retain a written record of the substance of any information disclosed under this section for a minimum of two years from the date of the disclosure. The employee has a right to inspect the written record upon request. The written record shall become part of the employee's personnel file, subject to the provisions of chapter 49.12 RCW. Failure to maintain a written record of the disclosure waives the immunity provided under subsection (1) of this section, and civil liability for such disclosure shall be evaluated under common law standards without regard to this act.
     (3) 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 lawful employment policies and to safety and health laws subject to the limitation of RCW 51.48.025.

NEW SECTION.  Sec. 3   A new section is added to chapter 49.12 RCW to read as follows:
     Any written record made under section 2 of this act shall become part of an employee's personnel file.