74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1958
 
                         Senate Bill 691
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  Bankers Association)
 
 
                             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.
 
  Changes burden of persuasion from preponderance of evidence to
clear and convincing evidence necessary to rebut presumption that
employer in good faith discloses information about employee to
employee's prospective employer or employment agency. Requires
employer to keep written record relating to disclosure for
minimum of two years from date of disclosure.
 
                        A BILL FOR AN ACT
Relating to disclosure of information about employee's
  performance; 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  { + or to an
employment agency, as defined in ORS 658.005, + } upon
 { + the + } request of the prospective employer { + , employment
agency + } 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 - }   { + the
presumption is rebutted by clear and convincing + } evidence, is
immune from civil liability for   { - such - }   { + the + }
disclosure or its consequences. 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) The employer shall retain a written record of the
identity of the individual or entity to which information is
disclosed, as described in subsection (1) of this section, for a
minimum of two years from the date of the disclosure. The
employer shall make the written record part of the employee's
personnel file. The employee may inspect the written record upon
request. + }
    { - (2) - }   { + (3) + } 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 2007 Act apply only to disclosures of information occurring
on or after the effective date of this 2007 Act. + }
                         ----------