§ 5-423. Immunity -- Disclosure of information regarding employee or former employee

   (a) Liability of employer. -- An employer acting in good faith may not be held liable for disclosing any information about the job performance or the reason for termination of employment of an employee or former employee of the employer:

   (1) To a prospective employer of the employee or former employee at the request of the prospective employer, the employee, or former employee; or

   (2) If requested or required by a federal, State, or industry regulatory authority or if the information is disclosed in a report, filing, or other document required by law, rule, order, or regulation of the regulatory authority.

(b) Presumption of good faith; exceptions. -- An employer who discloses information under subsection (a) of this section shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the employer:

   (1) Acted with actual malice toward the employee or former employee; or

   (2) Intentionally or recklessly disclosed false information about the employee or former employee.

HISTORY: 1996, ch. 469; 1997, ch. 14, § 9.