Immunity for employer referrals passes

Employers providing job references for a current or former employee will receive civil immunity under a bill passed by the Legislature April 4.

LB959, introduced by Fremont Sen. Charlie Janssen, provides immunity to a current or former employer who provides certain information to a prospective employer only upon written consent of the prospective employee.

A consent form will be provided during the application process and will be valid only for the length of time that the application is considered active by the prospective employer but no longer than six months.

Information that may be provided includes:
• employment date and duration;
• job description and duties;
• pay rate and wage history;
• attendance information;
• drug and alcohol test results;
• threatening or harassing behavior;
• whether the employee is eligible for rehire; and
• the most recent written performance evaluation, if provided to the employee.

An employer providing information pursuant to a written consent will be immune from civil liability and presumed to be acting in good faith. The good faith presumption may be rebutted upon a showing by a preponderance of the evidence that the information was known to be false or that the employer acted with malice or reckless disregard for the truth.

LB959 passed 45-0.