Assembly Bill No. 248

Assembly Bill No. 248-Assemblyman Hettrick

CHAPTER

339

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; and providing other matters properly relating thereto.

[Approved July 8, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

~^
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, an employer who, at the request of an 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 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 not immune from civil liability for a disclosure made pursuant to subsection 1 or for the consequences of a disclosure made pursuant to subsection 1 if the employer:
(a) Acted with malice or ill will;
(b) Disclosed information that he believed was inaccurate;
(c) Disclosed information which he had no reasonable grounds for believing was accurate;
(d) Recklessly or intentionally disclosed inaccurate information;
(e) Deliberately disclosed misleading information; or
(f) Disclosed information in violation of a state or federal law or in violation of an agreement with 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.
________