Haw. Rev. Stat. § 663-1.95

Current through Act 7 of the 2024 Legislative Session
Section 663-1.95 - Employers' job reference immunity
(a) An employer that provides to a prospective employer information or opinion about a current or former employee's job performance is presumed to be acting in good faith and shall have a qualified immunity from civil liability for disclosing the information and for the consequences of the disclosure.
(b) The good faith presumption under subsection (a) shall be rebuttable upon a showing by a preponderance of the evidence that the information or opinion disclosed was:
(1) Knowingly false; or
(2) Knowingly misleading.
(c) Nothing in this section shall affect rights, obligations, remedies, liabilities, or standards of proof under chapters 89, 92F, 368, and 378.

HRS § 663-1.95

L 1998, c 182, §1

Revision Note

Section heading renamed by revisor.