2019 Arkansas Code
Title 11 - Labor and Industrial Relations
Chapter 3 - Labor Relations and Practices
Subchapter 2 - Hiring Practices
§ 11-3-204. Providing References to Prospective Employers

(a)

• (1) A current or former employer may disclose the following information about a current or former employee's employment history to a prospective employer of the current or former employee upon receipt of written consent from the current or former employee:

  • (A) Date and duration of employment;

  • (B) Current pay rate and wage history;

  • (C) Job description and duties;

  • (D) The last written performance evaluation prepared prior to the date of the request;

  • (E) Attendance information;

  • (F) Results of drug or alcohol tests administered within one (1) year prior to the request;

  • (G) Threats of violence, harassing acts, or threatening behavior related to the workplace or directed at another employee;

  • (H) Whether the employee was voluntarily or involuntarily separated from employment and the reasons for the separation; and

  • (I) Whether the employee is eligible for rehire.

• (2) A school district or an officer, an agent, a servant, or an employee of a school district may disclose the information under subdivision (a)(1)(A)-(I) of this section and any additional information that may have some bearing upon the hiring of a current or former employee by a school district with or without the written consent of the current or former employee.

• (3) The current or former employer disclosing the information is presumed to be acting in good faith and is immune from civil liability for the disclosure or any consequences of the disclosure unless the presumption of good faith is rebutted upon a showing by a preponderance of the evidence that the information disclosed by the current or former employer was false, and the current or former employer had knowledge of its falsity or acted with malice or reckless disregard for the truth.

• (4) The current or former employer disclosing the information may present the information in a format convenient to the current or former employer, including any electronic format.

(b)

• (1)

  • (A) The consent required in subsection (a) of this section shall be on a separate form from the application form or, if included in the application form, shall be in bold letters and in larger typeface than the largest typeface in the text of the application form.

  • (B) The consent form shall state, at a minimum, language similar to the following:

    “I, (applicant), hereby give consent to any and all prior employers of mine to provide information with regard to my employment with prior employers to (prospective employer).”

• (2) The consent shall be signed and dated by the applicant.

• (3)

  • (A) The consent shall be valid only for the length of time that the application is considered active by the prospective employer.

  • (B) If the applicant is hired and remains with the new employer for longer than six (6) months, the consent shall be valid for no longer than six (6) months.

  • (C) If the applicant is hired and remains with the new employer for less than six (6) months, the consent shall be valid for six (6) months after the termination of employment.

(c) The provisions of this section shall also apply to any current or former employee, agent, or other representative of the current or former employer who is authorized to provide and who provides information in accordance with the provisions of this section.

(d)

• (1) This section does not require any prospective employer to request employment history on a prospective employee and does not require any current or former employer to disclose employment history to any prospective employer.

• (2) Except as specifically amended herein, the common law of this state remains unchanged as it relates to providing employment information on present and former employees.

• (3) This section shall apply only to causes of action accruing on and after July 30, 1999.

(e) The immunity conferred by this section shall not apply when an employer or prospective employer discriminates or retaliates against an employee because the employee or the prospective employee has exercised or is believed to have exercised any federal or state statutory right or undertaken any action encouraged by the public policy of this state.