SECOND REGULAR SESSION

[I N T R O D U C E D]

SENATE BILL NO. 684

88th GENERAL ASSEMBLY


S1996.03I

AN ACT

To amend chapter 290, RSMo, by adding one new section relating to employer immunity.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Chapter 290, RSMo, is amended by adding thereto one new section, to be known as section 290.150, to read as follows:

290.150. 1. Unless otherwise prohibited by federal law, an employer, or an employer's designee, who responds in writing to a written request concerning a current or former employee from a prospective employer of that employee, may disclose the following information:

(1) Date and duration of employment;

(2) Pay level;

(3) Job description and duties;

(4) Wage history;

(5) Written employee evaluations which were conducted prior to the employee's separation from the employer and which an employee shall be given a copy upon request; and

(6) Whether the employee was voluntarily or involuntarily released from service and the reasons for the separation.

2. An employer, or an employer's designee, who discloses information as provided in subsection 1 of this section, is presumed to be acting in good faith and, unless lack of good faith is shown, is immune from civil liability for such disclosure or its consequences. For purposes of this section, the presumption of good faith is rebutted only upon a showing that the information disclosed by the current or former employer was false, and the employer provided such information knowingly and with malice.

3. The provisions of this section shall apply regardless of whether the employee becomes employed by the prospective employer prior to receipt of the former employer's written response.