Louisiana Revised Statutes 9:2800.26 – Nonprofit limitation of liability; disclosure of certain information to prospective employer
Terms Used In Louisiana Revised Statutes 9:2800.26
- Donor: The person who makes a gift.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. A nonprofit organization or employee thereof shall not be held liable for disclosing in good faith to a prospective employer information about a former employee of the organization when such information is reasonably believed to be accurate regarding the engaging by that person in acts of sexual misconduct, sexual abuse, sexual harassment, sex trafficking, sexual assault, or other sexual offenses.
B. Notwithstanding any other law to the contrary, no nonprofit organization shall be required to provide a public body with personal information or otherwise release, publicize, or publicly disclose personal information in its custody or control, excepting a lawful warrant or request.
C. For the purpose of this Section:
(1) “Employee” means an employee, volunteer, or independent contractor of the nonprofit.
(2) “Nonprofit” means a not-for-profit organization qualified as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1954, as amended.
(3) “Personal information” means any list, record, register, registry, roll, roster, or other compilation of data that directly or indirectly identifies a person as a member, supporter, donor, or volunteer of a nonprofit organization but does not include any report or disclosure required by the Campaign Finance Disclosure Act, the Code of Governmental Ethics, or the provisions of law relative to lobbyist disclosure including Part III of Chapter 1 of Title 24 of the Louisiana Revised Statutes of 1950, Part IV of Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950, and Chapter 46 of Title 33 of the Louisiana Revised Statutes of 1950.
D. This Section shall not apply to damage or injury caused by gross negligence or willful and wanton misconduct.
Acts 2020, No. 123, §1.