44-119a. Employer immunity from liability and suit for disclosure of employment information. - Kansas Statutes

44-119a

Chapter 44.--LABOR AND INDUSTRIES Article 1.--PROTECTION OF EMPLOYEES

      44-119a.   Employer immunity from liability and suit for disclosure ofemployment information.(a) Unless otherwise provided by law, an employer, or an employer's designee,who discloses information about a current or former employee to a prospectiveemployer of the employee shall be qualifiedly immune from civil liability.

      (b)   Unless otherwise provided by law, an employer who discloses informationabout a current or former employee to a prospective employer of the employeeshall be absolutely immune from civil liability. The immunity applies only todisclosure of the following:

      (1)   Date of employment;

      (2)   pay level;

      (3)   job description and duties; and

      (4)   wage history.

      (c)   Unless otherwise provided by law, an employer who responds in writing toa written request concerning a current or former employee from a prospectiveemployer of that employee shall be absolutely immune from civil liability fordisclosure of the following information to which an employee may have access:

      (1)   Written employee evaluations which were conducted prior to theemployee's separation from the employer and to which an employee shall be givena copy upon request; and

      (2)   whether the employee was voluntarily or involuntarily released fromservice and the reasons for the separation.

      (d)   This section shall apply to causes of action accruing on and after theeffective date of this act.

      History:   L. 1995, ch. 122, § 1; July 1.