SUMMARY--Provides immunity from civil liability in certain circumstances for employer who discloses certain information regarding employee or former employee. (BDR 3-82)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to employment; providing immunity from civil liability in certain circumstances for an employer who discloses certain information regarding an employee or former employee to a prospective employer of that employee or former employee; creating a rebuttable presumption that such information is provided in good faith; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An employer who, in good faith and at the request of an employee or a prospective employer of the employee, discloses information regarding:
(a) The ability of the employee to perform his job;
(b) The diligence, skill or reliability with which the employee carried out the duties of his job; or
(c) An illegal or wrongful act committed or alleged to have been committed by the employee,
to a prospective employer of that employee is immune from civil liability for such disclosure and its consequences.
2. An employer is presumed to be acting in good faith when he discloses information of the type and in the manner set forth in subsection 1. The presumption of good faith established by this subsection may be rebutted by a showing that the employer:
(a) Recklessly, knowingly or with a malicious purpose disclosed false, incomplete or deliberately misleading information;
(b) Disclosed information in violation of a state or federal statute or regulation; or
(c) Violated a civil right of the employee.
3. As used in this section:
(a) "Employee" means a person who currently renders or previously rendered time and services to an employer.
(b) "Employer" includes an employee or agent of an employer who is authorized by the employer to disclose information regarding an employee.