Kentucky Statutes 411.225 – Employer immunity from civil liability for disclosure of employee information — Exceptions — Effect of provision
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(1) An employer who provides information about the job performance, professional conduct, or evaluation of a former or current employee to a prospective employer of that employee, at the request of that employee or prospective employer, shall be immune from civil liability arising out of the disclosure unless the plaintiff in the civil action proves:
(a) That the employer disclosed the information knowing that it was false, with reckless disregard of whether it was true or false, or with intent to mislead the prospective employer; or
(b) That the disclosure of the information by the employer constitutes an unlawful discriminatory practice under KRS Chapter 344.
(2) This section does not create a new cause of action or substantive legal right against an employer.
(3) This section does not limit an employer’s immunity from civil liability or defenses established in another section of the Kentucky Revised Statutes or available at common law.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 77, sec. 1, effective July 13, 2004.
(a) That the employer disclosed the information knowing that it was false, with reckless disregard of whether it was true or false, or with intent to mislead the prospective employer; or
Terms Used In Kentucky Statutes 411.225
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(b) That the disclosure of the information by the employer constitutes an unlawful discriminatory practice under KRS Chapter 344.
(2) This section does not create a new cause of action or substantive legal right against an employer.
(3) This section does not limit an employer’s immunity from civil liability or defenses established in another section of the Kentucky Revised Statutes or available at common law.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 77, sec. 1, effective July 13, 2004.