Current Status Bill Number:
1041Ratification Number: 307Act Number: 281Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19960118Primary Sponsor: GregoryAll Sponsors: Gregory, Ryberg, Courson, Wilson, Martin, Greg Smith and O'DellDrafted Document Number: pt\2156dw.96Companion Bill Number: 4387Date Bill Passed both Bodies: 19960404Date of Last Amendment: 19960321Governor's Action: SDate of Governor's Action: 19960506Subject: 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 CommitteeView additional legislative information at the LPITS web site.
(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."
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.
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 6th day of May, 1996.