Bill H.1682

HOUSE DOCKET, NO. 316 FILED ON: 1/9/2013

HOUSE . . . . . . . . . . . . . . . No. 1682

The Commonwealth of Massachusetts

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PRESENTED BY:

Martha M. Walz

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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.

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PETITION OF:

Name:	District/Address:	Date Added:
Martha M. Walz	8th Suffolk	1/9/2013
Cory Atkins	14th Middlesex
Denise Andrews	2nd Franklin
Michael J. Barrett	Third Middlesex
Elizabeth A. Malia	11th Suffolk

HOUSE DOCKET, NO. 316 FILED ON: 1/9/2013

HOUSE . . . . . . . . . . . . . . . No. 1682

By Ms. Walz of Boston, a petition (accompanied by bill, House, No. 1682) of Martha M. Walz and others for legislation to provide immunity from civil liability for persons providing employee references to prospective employers. The Judiciary.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1384 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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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:

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 the employee’s: (1) date of employment; (2) pay level; (3) job description and duties; or (4) wage history.

(b) 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: (1) written employee evaluations which were conducted prior to the employee’s separation from the employer, or (2) whether the employee was voluntarily or involuntarily released from service and the reasons for the separation.