2011 Vermont Code
Title 21 Labor
Chapter 5 EMPLOYMENT PRACTICES
§ 308 Employers of individuals who work with minors or vulnerable adults; job reference information from former employers; limitation from liability

§ 308. Employers of individuals who work with minors or vulnerable adults; job reference information from former employers; limitation from liability

(a) As used in this section:

(1) "Job performance" means:

(A) The suitability of the employee for employment;

(B) The employee's work-related duties, skills, abilities, attitude, effort, knowledge, and habits as they may relate to suitability for future employment;

(C) In the case of a former employee, the reason for the employee's separation; and

(D) Any illegal or wrongful act committed by the employee.

(2) "Prospective employer" means a person or organization who employs or contracts with one or more individuals whose duties may place that individual in a position of power, authority, or supervision over a minor or vulnerable adult, or whose duties are likely to permit regular and unsupervised contact with a minor or vulnerable adult, on either a paid or volunteer basis.

(3) "Vulnerable adult" shall have the same meaning as in 13 V.S.A. { 1375(8).

(b)(1) An employer who in good faith provides information about a current or former employee's job performance to a prospective employer of the current or former employee upon request of the prospective employer or the current or former employee shall not be subject to liability for such disclosure. An employer who provides the information in writing to a prospective employer shall provide a copy of the writing to the employee.

(2) The limitation on liability set forth in this subsection shall not apply if the employee shows, by a preponderance of the evidence, that the current or former employer:

(A) disclosed information which was false and which the employer providing the information knew or reasonably should have known was false;

(B) knowingly disclosed materially misleading information; or

(C) disclosed information in violation of the law. (Added 2011, No. 56, { 21.)