REPORT TITLE: 
Job reference liability
DESCRIPTION:
Immunizes an employer from civil liability for disclosure of
information or opinion about a current or former employee to a
prospective employer of that employee.

 
HB HMIA 99-299
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.465        
TWENTIETH LEGISLATURE, 1999                             
STATE OF HAWAII                                                       
                                     


                     A BILL FOR AN ACT

RELATING TO JOB REFERENCES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:


 1      SECTION 1.  Chapter 663, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§663-    Job reference; exception to liability.  (a)  An
 
 5 employer shall not be liable for any civil damages resulting from
 
 6 the employer's disclosure, or its consequences, of information or
 
 7 of an opinion about an employee to a prospective employer of that
 
 8 employee; provided that:
 
 9      (1)  The prospective employer or the employee requests the
 
10           disclosure; and
 
11      (2)  The employer acts in good faith.
 
12      An employer shall be presumed to be acting in good faith
 
13 unless a lack of good faith is shown by clear and convincing
 
14 evidence that the employer disclosed information that was
 
15 knowingly false or deliberately misleading.
 
16      For purposes of this subsection:
 
17      "Employee" shall have the same meaning as in section 388-1
 
18 and refers to any current or former employee.
 
19      "Employer" shall have the same meaning as in section 371-1
 

 
HB HMIA 99-299
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.465        
TWENTIETH LEGISLATURE, 1999                             
STATE OF HAWAII                                                       
                                     


                     A BILL FOR AN ACT
 1 and refers to any current or former employer.
 
 2      (b)  This section shall not be construed to affect chapters
 
 3 89, 92F, 368, 377, 378, or title 29 United States Code section
 
 4 158; any contract, employment, or termination agreement;
 
 5 collective bargaining agreement; court order; or arbitration
 
 6 award."
 
 7      SECTION 2.  New statutory material is underscored.
 
 8      SECTION 3.  This Act shall take effect upon its approval.
 
 9 
 
10 
 
11                         INTRODUCED BY:___________________________
 

 
HB HMIA 99-299