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