Post employment inquiries - Pennsylvania

Summary of differences between federal and state regulations

Before 60 days after June 15, 2005:

• Both the federal and state requirements do not cover employer immunity from disclosure claims.

Effective 60 days after June 15, 2005:

• In Pennsylvania, an employer/former employer may disclose to a prospective employer (upon request of the employee/former employee or prospective employer) information of employee/former employee job performance. However, an employer/former employer may be liable for disclosures and the consequences of those disclosures that are shown to be knowingly false (or should have been knowingly false), knowingly misleading, reckless, or prohibited by contract, law, or right of the employee/former employee. Employer/Former employer includes private, public, and nonprofit entities and their representatives. The term job performance does not appear to be defined and may be interpreted to have a narrow meaning; therefore, employers must use caution when disclosing information, so that it falls under the meaning of job performance.
• Unlike Pennsylvania, federal requirements do not cover employer immunity from disclosure claims.

State

Contacts

None; however, Pennsylvania Senator Patricia Vance introduced Senate Bill 69, which was signed into law on June 15, 2005, and added Pennsylvania Statute 42 Section 8340.1. Contact information for Senator Vance can be found at www.senatorvance.com/.

Regulations

Pennsylvania Statute Title 42 Section 8340.1, Employer immunity from liability for disclosure of information regarding former or current employees

Federal

Contacts

None.

Regulations

None.