Session of 1999
HOUSE BILL No. 2113
By Representative Swenson
9 AN ACT concerning employer immunity for disclosure of employment
10 information; amending K.S.A. 1998 Supp. 44-119a and repealing the
11 existing section.
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 1998 Supp. 44-119a is hereby amended to read as
15 follows: 44-119a. (a) Unless otherwise provided by law, an employer, or
16 an employer's designee, who discloses information about a current or
17 former employee to a prospective employer of the employee shall be
18 qualifiedly immune from civil liability.
19 (b) Unless otherwise provided by law, an employer who discloses in-
20 formation about a current or former employee to a prospective employer
21 of the employee shall be absolutely immune from civil liability. The im-
22 munity applies only to disclosure of the following:
23 (1) Date of employment;
24 (2) pay level;
25 (3) job description and duties; and
26 (4) wage history.
27 (c) Unless otherwise provided by law, an employer who responds in
28 writing to a written request concerning a current or former employee
29 from a prospective employer of that employee shall be absolutely immune
30 from civil liability for disclosure of the following information to which an
31 employee may have access:
32 (1) Written employee evaluations which were conducted prior to the
33 employee's separation from the employer and to which an employee shall
34 be given a copy upon request; and
35 (2) whether the employee was voluntarily or involuntarily released
36 from service and the reasons for the separation.
37 (d) This section shall apply to causes of action accruing on and after
38 the effective date of this act.
39 (e) The immunity conferred by this act shall not apply when an em-
40 ployer or prospective employer discriminates or retaliates against an em-
41 ployee because the employee or the prospective employee has exercised,
42 or is believed to have exercised, any federal or state statutory right or
43 undertaken any action encouraged by the public policy of this state.
44 Sec. 2. K.S.A. 1998 Supp. 44-119a is hereby repealed.
45 Sec. 3. This act shall take effect and be in force from and after its
46 publication in the statute book.