§ 41.755 — Limitations on liability of employer who discloses information regarding employee to prospective employer of employee; exceptions

1. Except as otherwise provided in subsection 3, an employer who, at the request of an employee, discloses information regarding:
(a) The ability of the employee to perform the employee’s job;
(b) The diligence, skill or reliability with which the employee carried out the duties of the employee’s job; or
(c) An illegal or wrongful act committed by the employee,
Ê to a prospective employer of that employee is immune from civil liability for such disclosure and its consequences.
2. Except as otherwise provided in subsection 3, an employer who discloses information regarding an employee to a public safety agency pursuant to NRS 239B.020 is immune from civil liability for such disclosure and its consequences.
3. An employer is not immune from civil liability for a disclosure made pursuant to subsection 1 or NRS 239B.020 or for the consequences of a disclosure made pursuant to subsection 1 or NRS 239B.020 if the employer:
(a) Acted with malice or ill will;
(b) Disclosed information that the employer believed was inaccurate;
(c) Disclosed information which the employer had no reasonable grounds for believing was accurate;
(d) Recklessly or intentionally disclosed inaccurate information;
(e) Deliberately disclosed misleading information; or
(f) Disclosed information in violation of a state or federal law or in violation of an agreement with the employee.
4. As used in this section:
(a) “Employee” means a person who currently renders or previously rendered time and services to an employer.
(b) “Employer” includes an employee or agent of an employer who is authorized by the employer to disclose information regarding an employee.
(c) “Public safety agency” has the meaning ascribed to it in NRS 239B.020 .

Legislative History

(Added to NRS by 1997, 1235 ; A 1999, 1909 ; 2007, 1048 )