(1) Any employer that, upon request by a prospective employer or a current or former employee, provides truthful, fair and unbiased information about a current or former employee's job performance is presumed to be acting in good faith and is granted a qualified immunity for the disclosure and the consequences of the disclosure. The presumption of good faith is rebuttable upon a showing by a preponderance of the evidence that the information disclosed was:(1) Knowingly false;(2) Deliberately misleading;(3) Disclosed for a malicious purpose;(4) Disclosed in reckless disregard for its falsity or defamatory nature; or(5) Violative of the current or former employee's civil rights pursuant to current employment discrimination laws.
(1) Knowingly false;
(2) Deliberately misleading;
(3) Disclosed for a malicious purpose;
(4) Disclosed in reckless disregard for its falsity or defamatory nature; or
(5) Violative of the current or former employee's civil rights pursuant to current employment discrimination laws.