SECOND REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES DAVIS (Sponsor), EMERY AND CUNNINGHAM (86) (Co-sponsors).
Pre-filed December 3, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 285, RSMo, by adding thereto one new section relating to the disclosure of employment information.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 285, RSMo, is amended by adding thereto one new section, to be known as section 285.030, to read as follows:
285.030. 1. 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 shall be presumed to be acting in good faith. Unless lack of good faith is shown, the employer shall be immune from civil liability 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 was knowingly false, was deliberately misleading, or was rendered with malicious purpose; or that the information was disclosed in violation of a nondisclosure agreement, or was otherwise confidential according to applicable federal, state, or local statute, rule, or regulation. As used in this section, "employer" means any individual, organization, partnership, political subdivision, corporation, or other legal entity which has or had in the entity's employ one or more individuals performing services for the entity within this state.
2. For purposes of this section, the word "information" includes but shall not be limited to the following:
(1) Information about an employee's or former employee's job performance or work-related characteristics;
(2) Any act committed by such employee which would constitute a violation of federal, state, or local law; or
(3) An evaluation of the ability or lack of ability of such employee or former employee to accomplish or comply with the duties or standards of the position held by such employee or former employee.
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