HOUSE DOCKET, NO. 94802        FILED ON: 6/23/2010

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4802

The Commonwealth of Massachusetts

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In the Year Two Thousand Ten

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An Act relative to disclosure of employment information..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 42 of chapter 71 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following paragraph:-

“A principal or superintendent requested to provide a reference for a former or current employee, who acts in good faith, shall be immune from civil liability for information provided about the former employee’s job performance, conduct, whether the employee was voluntarily or involuntarily released from service, the reasons for separation and the reasons for termination of employment.  The immunity shall not apply if the information provided is knowingly false or deliberately misleading or was rendered with malicious purpose.”

SECTION 2. Section 52C  of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following:-

“Section 52D. An employer, or an employer’s designee, requested to provide a reference for a former or current employee, who acts in good faith, shall be immune from civil liability for information provided about the former employee’s job performance, conduct, whether the employee was voluntarily or involuntarily released from service, the reasons for separation and the reasons for termination of employment. The immunity shall not apply if the information provided is knowingly false or deliberately misleading or was rendered with malicious purpose.”