§ 34-02-18 — Immunity for providing employment reference

1. An employer, or an employer's agent, who truthfully discloses date of employment, pay
level, job description and duties, and wage history about a current or former employee
to a prospective employer of the employee is immune from civil liability for the
disclosure and the consequences of the disclosure of that information.
2. An employer, or an employer's agent, who discloses information about a current or
former employee's job performance to a prospective employer of the employee is
presumed to be acting in good faith. Unless lack of good faith is shown, the employer
or employer's agent is immune from civil liability for the disclosure and the
consequences of providing that information. The presumption of good faith may be
rebutted by a preponderance of the evidence that the information disclosed was:
a. Knowingly false;
b. Disclosed with reckless disregard for the truth;
c. Deliberately misleading; or
d. Rendered with malicious purpose.
3. The immunity provided by subsection 2 does not apply if the information provided is in
violation of a nondisclosure agreement or was otherwise confidential according to
applicable law.