Bill 1041

                    Current Status

Bill Number:                    1041
Ratification Number:            307
Act Number:                     281
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19960118
Primary Sponsor:                Gregory
All Sponsors:                   Gregory, Ryberg, Courson, Wilson,
                                Martin, Greg Smith and O'Dell 
Drafted Document Number:        pt\2156dw.96
Companion Bill Number:          4387
Date Bill Passed both Bodies:   19960404
Date of Last Amendment:         19960321
Governor's Action:              S
Date of Governor's Action:      19960506
Subject:                        Employers immunity

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960515  Act No. A281
------  19960506  Signed by Governor
------  19960430  Ratified R307
House   19960404  Read third time, enrolled for
                  ratification
House   19960403  Unanimous consent for third
                  reading on the next Legislative day
House   19960403  Read second time
House   19960327  Introduced, read first time,
                  placed on Calendar without reference
Senate  19960326  Read third time, sent to House
Senate  19960321  Amended, read second time, 
                  ordered to third reading 
                  with notice of general amendments
Senate  19960320  Committee report: Favorable with         11 SJ
                  amendment
Senate  19960118  Introduced, read first time,             11 SJ
                  referred to Committee

(A281, R307, S1041)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY FROM CIVIL LIABILITY FOR DISCLOSURE OF CERTAIN INFORMATION REGARDING A CURRENT OR FORMER EMPLOYEE TO A PERSPECTIVE EMPLOYER OF THAT EMPLOYEE AND TO PROVIDE EXCEPTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Employers granted certain immunity

SECTION 1. The 1976 Code is amended by adding:

"Section 41-1-65. (A) As used in this section:

(1) `Employer' means any person, partnership, for profit or nonprofit corporation, limited liability corporation, the State and its political subdivisions and their agents that employ one or more employees. As used in this definition, `agent' means any former supervisor or the employer's designee.

(2) `Employee' means any person employed by an employer.

(3) `Evaluation' means a written employee evaluation which was conducted by the employer and signed by the employee, including any written employee response to the evaluation, before the employee's separation from the employer and of which the employee, upon written request, shall be given a copy.

(4) `Former employee' means an individual who was previously employed by an employer.

(5) `Job performance' includes, but is not limited to, attendance, attitude, awards, demotions, duties, effort, evaluations, knowledge, skills, promotions, and disciplinary actions.

(6) 'Prospective employer' means any employer to which a prospective employee has made application, either oral or written, or forwarded a resume or other correspondence expressing an interest in employment.

(7) `Prospective employee' means any person who has made an application either oral or written or has sent a resume or other correspondence to a prospective employer indicating an interest in employment.

(B) Unless otherwise provided by law, an employer shall be immune from civil liability for the disclosure of an employee's or former employee's dates of employment, pay level, and wage history to a prospective employer.

(C) Unless otherwise provided by law, an employer who responds in writing to a written request concerning a current employee or former employee from a prospective employer of that employee shall be immune from civil liability for disclosure of the following information to which an employee or former employee may have access:

(1) written employee evaluations;

(2) official personnel notices that formally record the reasons for separation;

(3) whether the employee was voluntarily or involuntarily released from service and the reason for the separation; and

(4) information about job performance.

(D) This protection and immunity shall not apply where an employer knowingly or recklessly releases or discloses false information."

Applicability

SECTION 2. The provisions of Section 41-1-65 of the 1976 Code, as added by Section 1 of this act, shall apply to causes of action occurring on or after the effective date of this act.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 6th day of May, 1996.