S*1041(Rat #0307, Act #0281 of 1996)  General Bill, By Gregory, Courson, Martin, 
O'Dell, Ryberg, G. Smith and Wilson

Similar(H 4387)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 41-1-65 so as to grant employers immunity from civil liability for disclosure
 of certain information regarding a current or former employee to a perspective
 employer of that employee and to provide exceptions.-amended title

   01/18/96  Senate Introduced and read first time SJ-7
   01/18/96  Senate Referred to Committee on Judiciary SJ-7
   03/20/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-13
   03/21/96  Senate Amended SJ-27
   03/21/96  Senate Read second time SJ-27
   03/21/96  Senate Ordered to third reading with notice of
                     amendments SJ-27
   03/26/96  Senate Read third time and sent to House SJ-35
   03/27/96  House  Introduced, read first time, placed on calendar
                     without reference HJ-27
   04/03/96  House  Read second time HJ-43
   04/03/96  House  Unanimous consent for third reading on next
                     legislative day HJ-43
   04/04/96  House  Read third time and enrolled HJ-5
   04/30/96         Ratified R 307
   05/06/96         Signed By Governor
   05/06/96         Effective date 05/06/96
   05/29/96         Copies available
   05/29/96         Act No. 281

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY FROM CIVIL LIABILITY FOR DISCLOSURE OF CERTAIN INFORMATION REGARDING A CURRENT OR FORMER EMPLOYEE TO A PERSPECTIVE EMPLOYER OF THAT EMPLOYEE AND TO PROVIDE EXCEPTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Employers granted certain immunity

SECTION 1. The 1976 Code is amended by adding:

"Section 41-1-65. (A) As used in this section:

(1) `Employer' means any person, partnership, for profit or nonprofit corporation, limited liability corporation, the State and its political subdivisions and their agents that employ one or more employees. As used in this definition, `agent' means any former supervisor or the employer's designee.

(2) `Employee' means any person employed by an employer.

(3) `Evaluation' means a written employee evaluation which was conducted by the employer and signed by the employee, including any written employee response to the evaluation, before the employee's separation from the employer and of which the employee, upon written request, shall be given a copy.

(4) `Former employee' means an individual who was previously employed by an employer.

(5) `Job performance' includes, but is not limited to, attendance, attitude, awards, demotions, duties, effort, evaluations, knowledge, skills, promotions, and disciplinary actions.

(6) 'Prospective employer' means any employer to which a prospective employee has made application, either oral or written, or forwarded a resume or other correspondence expressing an interest in employment.

(7) `Prospective employee' means any person who has made an application either oral or written or has sent a resume or other correspondence to a prospective employer indicating an interest in employment.

(B) Unless otherwise provided by law, an employer shall be immune from civil liability for the disclosure of an employee's or former employee's dates of employment, pay level, and wage history to a prospective employer.

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

(1) written employee evaluations;

(2) official personnel notices that formally record the reasons for separation;

(3) whether the employee was voluntarily or involuntarily released from service and the reason for the separation; and

(4) information about job performance.

(D) This protection and immunity shall not apply where an employer knowingly or recklessly releases or discloses false information."

Applicability

SECTION 2. The provisions of Section 41-1-65 of the 1976 Code, as added by Section 1 of this act, shall apply to causes of action occurring on or after the effective date of this act.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 6th day of May, 1996.