Bill Text: OR HB2360 | 2011 | Regular Session | Introduced

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Bill Title: Relating to employment.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2360 Detail]

Download: Oregon-2011-HB2360-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2287

                         House Bill 2360

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Business and Labor)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Provides that employer who discloses information about current
or former employee's job performance to prospective employer of
employee is presumed to be acting in good faith and immune from
civil liability unless presumption is rebutted by clear and
convincing evidence.

                        A BILL FOR AN ACT
Relating to employment; creating new provisions; and amending ORS
  30.178.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 30.178 is amended to read:
  30.178. (1) An employer who discloses information about a  { +
current or + } former employee's job performance to a prospective
employer of the   { - former - }  employee upon  { + the + }
request of the prospective employer or of the   { - former - }
employee is presumed to be acting in good faith and  { - , unless
lack of good faith is shown by a preponderance of the
evidence, - }  is immune from civil liability for
  { - such - }  { +  the + } disclosure or its consequences { +
unless the presumption is rebutted by clear and convincing
evidence + }. For purposes of this section, the presumption of
good faith is rebutted upon a showing that the information
disclosed by the employer was knowingly false or deliberately
misleading, was rendered with malicious purpose or violated any
civil right of the   { - former - }  employee protected under ORS
chapter 659 or 659A.
  (2) A civil action for defamation may not be maintained against
an employer by an employee who is terminated by the employer
based on a claim that in seeking subsequent employment the former
employee will be forced to reveal the reasons given by the
employer for the termination.
  SECTION 2.  { + The amendments to ORS 30.178 by section 1 of
this 2011 Act apply only to disclosure of information about
employees made on or after the effective date of this 2011
Act. + }
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