VT Amends New Reference Law
Friday, May 27, 2011 at 12:04PM Amy McLaughlin, Esq.
In a prior posting on April 12, I discussed the VT Legislature's efforts to change the reference law relating to employees who work with minors or vulnerable adults. House Bill 264 has since passed. The new legislation repeals the old reference law, which mandated the collection and disclosure of certain information about prospective employees, and instead temporarily grants employers civil immunity when providing particular employment references.
Specifically, the bill grants civil immunity, on a temporary basis, to employers that provide, in good faith, information about a current or former employee's job performance to an employer that employs or contracts with individuals whose duties may place those individuals in a position of power, authority or supervision over a minor or vulnerable adult, or whose duties are likely to permit regular or unsupervised contact with a minor or vulnerable adult, on either a paid or volunteer basis. "Job Performance" is defined under the new legislation as (1) the suitability of the employee for employment; (2) the employee's work-related duties, skills, abilities, attitude, effort, knowledge, and habits as they may relate to suitability for future employment; (3) the reasons for the employee's separation (if applicable); and (4) any illegal or wrongful act committed by the employee. The presumption of immunity in favor of the employer may be overcome, and the employer sued, if the employer (1) disclosed information which the employer knew or should have known was false; (2) knowingly disclosed materially misleading information; or (3) disclosed information in violation of the law. Finally, if an employer provides information in writing to a prospective employer, it must also provide a copy of the writing to the current or former employee.
This new legislation will take effect on July 1, 2011. The Legislative Council is required to study the impact of this legislation on employment and hiring practices in Vermont and issue a report on its study on or before January 15, 2013. This legislation, unless changed in the interim, will be repealed effective July 1, 2013.
Amy McLaughlin, Esq. - Co-Chair, Employment Law Group