2006 Code of Virginia § 8.01-46.1 - Disclosure of employment-related information; presumptions; causes of action; definitions

8.01-46.1. Disclosure of employment-related information; presumptions;causes of action; definitions.

A. Any employer who, upon request by a person's prospective or currentemployer, furnishes information about that person's professional conduct,reasons for separation or job performance, including, but not limited to,information contained in any written performance evaluations, shall be immunefrom civil liability for furnishing such information, provided that theemployer is not acting in bad faith. An employer shall be presumed to beacting in good faith. The presumption of good faith shall be rebutted if itis shown by clear and convincing evidence that the employer disclosed suchinformation with knowledge that it was false, or with reckless disregard forwhether it is false or not, or with the intent to deliberately mislead.

B. In a civil action brought against an employer for disclosing theinformation described in subsection A, if the trier of fact determines theemployer acted in bad faith, punitive damages may be awarded, as provided by 8.01-38.1.

C. As used in this section, the following words and phrases shall have thefollowing meanings:

"Employee" means any person, paid or unpaid, in the service of an employer.

"Employer" means any person, firm or corporation, including theCommonwealth of Virginia and its political subdivisions, and their agents,who has one or more employees or individuals performing services under anycontract of hire or service, express or implied, oral or written.

"Information" includes, but is not limited to, facts, data and opinions.

"Job performance" includes, but is not limited to, ability, attendance,awards, demotions, duties, effort, evaluations, knowledge, skills,promotions, productivity and disciplinary actions.

"Professional conduct" includes, but is not limited to, the ethicalstandards which govern the employee's profession, or lawful conduct which isexpected of the employee by the employer.

"Prospective employer" means any employer who is considering a person foremployment.

(2000, c. 1005.)