HOUSE DOCKET, NO. 1126        FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1384

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Martha M. Walz

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to employee references.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Martha M. Walz

8th Suffolk

1/19/2011

Cory Atkins

14th Middlesex

2/3/2011

Jennifer E. Benson

37th Middlesex

2/1/2011

Sarah K. Peake

4th Barnstable

1/28/2011

Dennis A. Rosa

4th Worcester

2/3/2011

Bruce E. Tarr

 

2/3/2011


HOUSE DOCKET, NO. 1126        FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1384

By Ms. Walz of Boston, a petition (accompanied by bill, House, No. 1384) of Martha M. Walz and others relative to the disclosure of information about current or former employees to prospective employers.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1589 OF 2009-2010.]

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act relative to employee references.

 

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide immunity from liability for reference disclosure , therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

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. Chapter 149 of the General Laws is hereby amended by inserting after Section 52D the following section:-  Section 52E. (A) Unless otherwise provided by law, an employer, or an employer’s designee, who discloses information about a current or former employee to a prospective employer of the employee shall be absolutely immune from civil liability if the disclosed information includes any or all of the following: (1) date of employment; (2) pay level; (3) job description and duties; and (4) wage history.  An employer who responds in writing to a written request concerning a former employee from a prospective employer of that employee shall be absolutely immune from civil liability if the disclosed information includes either or both of the following: (1) written employee evaluations which were conducted prior to the employee’s separation from the employer; and (2) whether the employee was voluntarily or involuntarily released from service and the reasons for the separation.

(B) This section shall apply to causes of action accruing on and after the effective date of this act.