Post employment inquiries - Arizona

Summary of differences between federal and state regulations

In Arizona, a former employer may disclose to prospective employers or their agents information about a person’s education, training, experience, qualifications, and job performance. An employer is immune from civil liability if he/she discloses termination, job performance, conduct, or evaluation information on an employee/former employee to a prospective employer upon request, unless he/she is not acting in good faith. Lack of good faith may be shown if the employer/former employer disclosed the information with the intent to mislead or with actual malice (knowing the information is false or communicating recklessly). Good faith may be shown if the employer/former employer:

Has less than 100 employees and provides information authorized by law, OR

Has 100 or more employees and regularly provides requested information authorized by law.

Certain financial institutions are not civilly liable for providing employment references, unless the institution provides false information with knowledge and malice.

Knowingly exchanging, soliciting, or giving out any labor blacklist is a crime.

State

Contact

Arizona Department of Commerce

Regulations

Arizona Revised Statute 23-1361, Blacklist; definition; exceptions; privileged communications; immunity

Article 18 Section 9, Blacklists

Federal

Contacts

None.

Regulations

None.