Actions

Memo

BILL NUMBER:S238

TITLE  OF BILL:   An act to amend the civil rights law, in relation to employer reference immunity

PURPOSE:  To provide for immunity for employers of nursing  homes  and elder care facilities that provide information about a former employee to a prospective employer.

SUMMARY  OF  PROVISIONS:   Amends the Civil Rights Law by adding a new section 79-o which states, "An employer of a nursing  home  or  health care  facility may disclose any information about a former employee to the former employee's prospective employer." An employer who discloses information under this section in good faith shall be immune from  any civil   liability   for   the  disclosure.  However,  if  evidence  is established  that  the  information  the  former  employer  gave   was knowingly false by said employer to the prospective employer about the former employee, a civil liability will be upheld.

JUSTIFICATION:   This act will give immunity to health care or nursing home employers who are asked about a former employee's  work  history. In  some  cases  former  employees  who have documented occurrences in their personal record of physical, mental and sexual abuse unbeknownst to the prospective  employer  who  are  about  to  employ  the  former employee.  In other instances the clients of the nursing home or elder care facility are either  embarrassed,  too  scared  or  mentally  not capable to press criminal charges and thus the employee is "let go" to prey on more victims at other nursing homes and elder care facilities.

LEGISLATIVE HISTORY: S.315/A.531 of 2009/2010; Referred to Senate Codes Committee S.110/A.997 of 2007/2008; Referred to Senate Codes Committee S.1167/A.6000 of 2005/06; Referred to Senate Codes Committee S.6637/A.10104 of 2003/2004; Referred to Senate Codes Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

238

2011-2012 Regular Sessions

IN SENATE

(PREFILED)

January 5, 2011
___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil rights law, in relation to employer  reference
  immunity

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil rights law is amended by  adding  a  new  section
79-o to read as follows:
  S  79-O.  EMPLOYER  REFERENCE  IMMUNITY.  1.  FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "EMPLOYEE" MEANS AN INDIVIDUAL WHO AS A VOLUNTEER OR  FOR  COMPEN-
SATION PROVIDES LABOR IN A NURSING HOME OR OTHER ELDER CARE FACILITY.
  (B)  "EMPLOYER"  MEANS A NURSING HOME OR OTHER ELDER CARE FACILITY WHO
EMPLOYS AN INDIVIDUAL FOR COMPENSATION OR WHO SUPERVISES  AN  INDIVIDUAL
PROVIDING LABOR AS A VOLUNTEER.
  (C)  "PROSPECTIVE  EMPLOYER"  MEANS A NURSING HOME OR OTHER ELDER CARE
FACILITY TO WHOM AN EMPLOYEE OR FORMER EMPLOYEE HAS SUBMITTED AN  APPLI-
CATION FOR EMPLOYMENT.
  2.  A  NURSING  HOME  OR OTHER ELDER CARE FACILITY, MAY DISCLOSE TO AN
EMPLOYEE OR THAT INDIVIDUAL'S PROSPECTIVE EMPLOYER INFORMATION  RELATING
TO  THE  INDIVIDUAL'S JOB PERFORMANCE THAT IS DOCUMENTED IN THE INDIVID-
UAL'S PERSONNEL FILE UPON THE REQUEST OF THE INDIVIDUAL OR  HIS  OR  HER
PROSPECTIVE  EMPLOYER.  AN EMPLOYER WHO DISCLOSES INFORMATION UNDER THIS
SECTION IN GOOD FAITH IS IMMUNE FROM CIVIL LIABILITY FOR THE DISCLOSURE.
AN EMPLOYER IS PRESUMED TO BE ACTING IN GOOD FAITH  AT  THE  TIME  OF  A
DISCLOSURE  UNDER  THIS  SECTION  UNLESS A PREPONDERANCE OF THE EVIDENCE
ESTABLISHES ONE OR MORE OF THE FOLLOWING:
  (A) THAT THE EMPLOYER KNEW THE  INFORMATION  DISCLOSED  WAS  FALSE  OR
MISLEADING,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01368-01-1
S. 238                              2

  (B) THAT THE EMPLOYER DISCLOSED THE INFORMATION WITH A RECKLESS DISRE-
GARD FOR THE TRUTH,
  (C)  THAT  THE  DISCLOSURE  WAS  SPECIFICALLY PROHIBITED BY A STATE OR
FEDERAL STATUTE.
  S 2. This act shall take effect immediately.