CHAPTER 103. DISCLOSURE BY EMPLOYER OF INFORMATION REGARDING CERTAIN EMPLOYEES OR FORMER EMPLOYEES - Texas Statutes

LABOR CODE

TITLE 3. EMPLOYER-EMPLOYEE RELATIONS

CHAPTER 103. DISCLOSURE BY EMPLOYER OF INFORMATION REGARDING

CERTAIN EMPLOYEES OR FORMER EMPLOYEES

Sec. 103.001. PURPOSE; LEGISLATIVE FINDING. The legislature

finds that the disclosure by an employer of truthful information

regarding a current or former employee protects employment

relationships and benefits the public welfare. It is the intent

of the legislature that an employer who makes a disclosure based

on information obtained by the employer that any employer would

reasonably believe to be true should be immune from civil

liability for that disclosure.

Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,

1999.

Sec. 103.002. DEFINITIONS. In this chapter:

(1) "Employee" means a person who performs services for an

employer, whether or not for compensation.

(2) "Employer" means a person who has one or more employees or

other individuals who perform services under a contract of hire

or service, whether expressed or implied, or oral or written.

(3) "Job performance" means the manner in which an employee

performs a position of employment and includes an analysis of the

employee's attendance at work, attitudes, effort, knowledge,

behaviors, and skills.

(4) "Prospective employee" means any person who has made an

application, either oral or written, or has sent a resume or

other correspondence indicating an interest in employment.

(5) "Prospective employer" means an employer to whom a

prospective employee has made an application, either oral or

written, or sent a resume or other correspondence expressing an

interest in employment.

Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,

1999.

Sec. 103.003. AUTHORIZED DISCLOSURE; APPLICATION TO CERTAIN

EMPLOYEES. (a) An employer may disclose information about a

current or former employee's job performance to a prospective

employer of the current or former employee on the request of the

prospective employer or the employee.

(b) An employer may not disclose information about a licensed

nurse or licensed vocational nurse that relates to conduct that

is protected under Section 301.352 or 303.005, Occupations Code.

The employer must provide an affected nurse an opportunity to

submit a statement of reasonable length to the employer to

establish the application of Section 301.352 or 303.005,

Occupations Code.

Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.818,

eff. Sept. 1, 2001.

Sec. 103.004. IMMUNITY FROM CIVIL LIABILITY; EMPLOYER

REPRESENTATIVES. (a) An employer who discloses information

about a current or former employee under Section 103.003 is

immune from civil liability for that disclosure or any damages

proximately caused by that disclosure unless it is proven by

clear and convincing evidence that the information disclosed was

known by that employer to be false at the time the disclosure was

made or that the disclosure was made with malice or in reckless

disregard for the truth or falsity of the information disclosed.

For purposes of this subsection, "known" means actual knowledge

based on information relating to the employee, including any

information maintained in a file by the employer on that

employee.

(b) This chapter applies to a managerial employee or other

representative of the employer who is authorized to provide and

who provides information in accordance with this chapter in the

same manner that it applies to an employer.

Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,

1999.

Sec. 103.005. EMPLOYMENT REFERENCE. This chapter does not

require an employer to provide an employment reference to or

about a current or former employee.

Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,

1999.