Exploring Policies to Prevent "Passing the Harasser" in Higher Education (2023) / Chapter Skim
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States with Statutes Regarding Civil Liability Exemptions
Pages 43-52

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From page 43...
... An employer who in good faith provides information requested by a prospective employer about the reason 1361(C) for termination of a former employee or about the job performance, professional conduct or evaluation of a current or former employee is immune from civil liability for the disclosure or the consequences of providing the information.
From page 44...
... § blacklist - credit lists excepted 8-2-114 (3) Any employer who provides information about a current or former employee's job history or job performance to a prospective employer of the current or former employee upon request of the prospective employer or the current or former employee is immune from civil liability and is not liable in civil damages for the disclosure or any consequences of the disclosure.
From page 45...
... of this Code section or any person employed by an employer and designated as the employer's representative who discloses factual information concerning an employee's or former employee's job performance, any act committed by such employee which would constitute a violation of the laws of this state if such act occurred in this state, or ability or lack of ability to carry out the duties of such job to a prospective employer of such employee or former employee upon request of the prospective employer or of the person seeking employment is presumed to be acting in good faith unless lack of good faith is shown by a preponderance of the evidence, unless the information was disclosed in violation of a nondisclosure agreement or the information disclosed was otherwise considered confidential according to applicable federal, state, or local statute, rule, or regulation. (text found through Lexis, 2022)
From page 46...
... (text found through Lexis, 2022) Iowa Iowa Code Information provided by employers about current or former employees -- immunity § 91B.2 1.
From page 47...
... Employment reference immunity § 598 An employer who discloses information about a former employee's job performance or work record to a prospective employer is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from civil liability for such disclosure or its consequences. Clear and convincing evidence of lack of good faith means evidence that clearly shows the knowing disclosure, with malicious intent, of false or deliberately misleading information.
From page 48...
... A facility, home health agency or hospice program as defined in section 72F which is asked to provide an employment reference with respect to a named individual who is either working for or has worked for such facility, home health agency or hospice program shall not be liable for disclosing information related to the named individual's employment history, including whether the former employee was voluntarily or involuntarily released from service and the reasons for such employee's release from employment with the former employer unless it is alleged and proven that the information disclosed was false and disclosed with knowledge that such information was false. Michigan MCLS § Disclosure of information relating to employee's job performance; immunity; exception 423.452 An employer may disclose to an employee or that individual's prospective employer information relating to the individual's job performance that is documented in the individual's personnel file upon the request of the individual or his or her prospective employer.
From page 49...
... (a) An employer who discloses information about a current or former employee's job history or job performance § 1-539.12 to a prospective employer of the current or former employee upon request of the prospective employer or upon request of the current or former employee is immune from civil liability and is not liable in civil damages for the disclosure or any consequences of the disclosure.
From page 50...
... § An employer who discloses information about a former employee's job performance to a prospective employer 30.178 of the former employee upon request of the prospective employer or of the former employee is presumed to be acting in good faith and, unless lack of good faith is shown by a preponderance of the evidence, is immune from civil liability for such disclosure or its consequences. For purposes of this section, the presumption of good faith is rebutted upon a showing that the information disclosed by the employer was knowingly false or deliberately misleading, was rendered with malicious purpose or violated any civil right of the former employee protected under ORS chapter 659 or 659A.
From page 51...
... § 50 Any employer that, upon request by a prospective employer or a current or former employee, provides truthful, 1-105 fair and unbiased information about a current or former employee's job performance is presumed to be acting in good faith and is granted a qualified immunity for the disclosure and the consequences of the disclosure. The presumption of good faith is rebuttable upon a showing by a preponderance of the evidence that the information disclosed was: Knowingly false; Deliberately misleading; Disclosed for a malicious purpose; Disclosed in reckless disregard for its falsity or defamatory nature; or Violative of the current or former employee's civil rights pursuant to current employment discrimination laws.
From page 52...
... An employer who discloses information about a former employee's job performance to a prospective employer or to an employer of the former employee is presumed to be acting in good faith. Unless lack of good faith is shown by a preponderance of evidence, the employer is immune from civil liability for the disclosure or for the consequences resulting from the disclosure.


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