H. B. 2733


(By Delegates Staton, Johnson and Jenkins)

[Introduced March 25, 1997; referred to the

Committee on the Judiciary.]





A BILL to amend article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to providing immunity from liability for civil damages for certain disclosures of information made by employers regarding employees and former employees; presumption of good faith; rebuttal of presumption; and nature of the term "information".

Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nineteen, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-19. Disclosure of employment information.
(a) An employer or any person employed by the employer who discloses information about a current or former employee's job performance to a prospective employer is presumed to be acting in good faith. Unless lack of good faith is shown, the employer or person is immune from liability for civil damages for such disclosure or its consequences. For purposes of this section, the presumption of good faith may be rebutted upon a showing that the information disclosed by such employer or person was knowingly false, was deliberately misleading, was rendered with malicious purpose, was disclosed in violation of a nondisclosure agreement, or was otherwise confidential according to applicable federal or state statute, rule or regulation.
(b) As used in this section, "information" includes:
(1) Information about the job performance or work characteristics of an employee or former employee;
(2) Information about any act committed by the employee or former employee that would constitute a violation of federal, state or local law; or
(3) An evaluation of the ability or lack of ability of the employee or former employee to accomplish or comply with the duties or standards of the position held by such employee or former employee.



Note: The purpose of the bill is to provide immunity from civil damages to employers who disclose information about employees or former employees to prospective employers.

§55-7-19 is new; therefore, strike-throughs and underscoring have been omitted.