411.225 Employer immunity from civil liability for disclosure of employee
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/ky/411-225A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
information -- Exceptions -- Effect of provision.
(1)An employer who provides information about the job performance, professional
conduct, or evaluation of a former or current employee to a prospective employer of
that employee, at the request of that employee or prospective employer, shall be
immune from civil liability arising out of the disclosure unless the plaintiff in the
civil action proves:
(a)That the employer disclosed the information knowing that it was false, with
reckless disregard of whether it was true or false, or with intent to mislead the
prospective employer; or
(b)That the disclosure of the information by the employer constitutes an unlawful
discriminatory practice under KRS Chapter 344.
(2)This section does not create a new cause of action or substantive legal right against
an employer.
(3)This section does not limit an employer's immunity from civil liability or defenses
established in another section of the Kentucky Revised Statutes or available at
common law.