23-1361

23-1361. Blacklist; definition; exceptions;
privileged communications; immunity

A. "Blacklist" means any understanding or agreement whereby the names of any person
or persons, list of names, descriptions or other means of identification shall be spoken,
written, printed or implied for the purpose of being communicated or transmitted between
two or more employers of labor, or their bosses, foremen, superintendents, managers,
officers or other agents, whereby the laborer is prevented or prohibited from engaging in
a useful occupation. Any understanding or agreement between employers, or their bosses,
foremen, superintendents, managers, officers or other agents, whether written or verbal,
comes within the meaning of this section and it makes no difference whether the
employers, or their bosses, foremen, superintendents, managers, officers or other agents,
act individually or for some company, corporation, syndicate, partnership or society and
it makes no difference whether they are employed or acting as agents for the same or
different companies, corporations, syndicates, partnerships or societies.

B. It is not unlawful for a former employer to provide to a requesting employer, or
agents acting in the employer's behalf, information concerning a person's education,
training, experience, qualifications and job performance to be used for the purpose of
evaluating the person for employment. It is not unlawful for a school district to
provide information received as a result of a fingerprint check required by section
15-512 to any other school district if requested to do so by the person who was the
subject of the fingerprint check. A copy of any written communication regarding
employment must be sent by the employer providing the information to the former
employee's last known address.

C. An employer who in good faith provides information requested by a prospective
employer about the reason for termination of a former employee or about the job
performance, professional conduct or evaluation of a current or former employee is immune
from civil liability for the disclosure or the consequences of providing the
information. There is a presumption of good faith if either:

1. The employer employs less than one hundred employees and provides only the
information authorized by this subsection.

2. The employer employs at least one hundred employees and has a regular practice
in this state of providing information requested by a prospective employer about the
reason for termination of a former employee or about the job performance, professional
conduct or evaluation of a current or former employee.

D. The presumption of good faith under subsection C of this section is rebuttable
by showing that the employer disclosed the information with actual malice or with intent
to mislead. This subsection and subsection C of this section do not alter any privileges
that exist under common law. For the purposes of this subsection, "actual malice" means
knowledge that the information was false or was provided with reckless disregard of its
truth or falsity.

E. Communications concerning employees or prospective employees that are made by an
employer or prospective employer, or by a labor organization, to a government body or
agency and that are required by law or that are furnished pursuant to written rules or
policies of the government body or agency are privileged.

F. An employer, including this state and its agencies, a labor organization or an
individual is not civilly liable for privileged communications made pursuant to
subsection E of this section.

G. In response to a request by another bank, savings and loan association, credit
union, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker it is
not unlawful for a bank, a savings and loan association, a credit union, an escrow agent,
a commercial mortgage banker, a mortgage banker or a mortgage broker to provide a written
employment reference that advises of the applicant's involvement in any theft,
embezzlement, misappropriation or other defalcation that has been reported to federal
authorities pursuant to federal banking guidelines or reported to the department of
financial institutions. In order for the immunity provided in subsection H of this
section to apply, a copy of the written employment reference must be sent by the
institution providing the reference to the last known address of the applicant in
question.

H. No bank, savings and loan association, credit union, escrow agent, commercial
mortgage banker, mortgage banker or mortgage broker shall be civilly liable for providing
an employment reference unless the information provided is false and the bank, savings
and loan association, credit union, escrow agent, commercial mortgage banker, mortgage
banker or mortgage broker providing the false information does so with knowledge and
malice.

I. A court shall award court costs, attorney fees and other related expenses to any
party that prevails in any civil proceeding in which a violation of this section is
alleged.