                                 CODE OF VIRGINIA

DISCLOSURE OF EMPLOYMENT-RELATED INFORMATION; PRESUMPTIONS; CAUSES OF ACTION;
DEFINITIONS (§ 8.01-46.1)

A. Any employer who, upon request by a person&#8217;s prospective or current
employer, furnishes information about that person&#8217;s professional conduct,
reasons for separation or job performance, including, but not limited to,
information contained in any written performance evaluations, shall be immune
from civil liability for furnishing such information, provided that the employer
is not acting in bad faith. An employer shall be presumed to be acting in good
faith. The presumption of good faith shall be rebutted if it is shown by clear
and convincing evidence that the employer disclosed such information with
knowledge that it was false, or with reckless disregard for whether it is false
or not, or with the intent to deliberately mislead.

B. In a civil action brought against an employer for disclosing the information
described in subsection A, if the trier of fact determines the employer acted in
bad faith, punitive damages may be awarded, as provided by &#xA7; 8.01-38.1.

C. As used in this section, the following words and phrases shall have the
following meanings:
			&#8220;Employee&#8221; means any person, paid or unpaid, in the service of an
employer.
			&#8220;Employer&#8221; means any person, firm or corporation, including the
Commonwealth of Virginia and its political subdivisions, and their agents, who
has one or more employees or individuals performing services under any contract
of hire or service, express or implied, oral or written.
			&#8220;Information&#8221; includes, but is not limited to, facts, data and
opinions.
			&#8220;Job performance&#8221; includes, but is not limited to, ability,
attendance, awards, demotions, duties, effort, evaluations, knowledge, skills,
promotions, productivity and disciplinary actions.
			&#8220;Professional conduct&#8221; includes, but is not limited to, the
ethical standards which govern the employee&#8217;s profession, or lawful
conduct which is expected of the employee by the employer.
			&#8220;Prospective employer&#8221; means any employer who is considering a
person for employment.

HISTORY: 2000, c. 1005.