SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1997 SESSION
974803649Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Title 40.1 a section numbered 40.1-27.01 as follows:
§ 40.1-27.01. Disclosure of information regarding employee or former employee.
A. Notwithstanding the provisions of §40.1-27, an employer acting in
good faith may not be held liable for disclosing information about the job
performance or the reason for termination of employment of an employee or
former employee to a prospective employer of the employee or former employee if
such information [ is disclosed (i) (i) is
disclosed ] at the written request of a prospective employer, the
employee, or former employee, and (ii) is documented in the official personnel
file of the employee or former employee.
B. An [ employee employer ]
who discloses information pursuant to subsection A shall be presumed to be
acting in good faith unless it is shown by a preponderance of the evidence that
the employer (i) acted with actual malice toward the employee or former
employee, (ii) intentionally or recklessly disclosed false information about
the employee or former employee, or (iii) disclosed information subject to a
nondisclosure agreement that is confidential under federal or state law.