§ 709 Employment information.

19 DE Code § 709 (2019) (N/A)

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(a) An employer or any person employed by the employer who discloses information about a current or former employee’s job performance to a prospective employer is presumed to be acting in good faith; and unless lack of good faith is shown, is immune from civil liability for such disclosure or its consequences. For purposes of this section, the presumption of good faith may be rebutted upon a showing that the information disclosed by such employer was knowingly false, was deliberately misleading or was rendered with malicious purpose; or that the information was disclosed in violation of a nondisclosure agreement, or was otherwise confidential according to applicable federal, state or local statute, rule or regulation.

(b) For purposes of this section, the word “information” includes:

(1) Information about an employee’s or former employee’s job performance or work-related characteristics;

(2) Any act committed by such employee which would constitute a violation of federal, state or local law; or

(3) An evaluation of the ability or lack of ability of such employee or former employee to accomplish or comply with the duties or standards of the position held by such employee or former employee.

70 Del. Laws, c. 367, § 1; 71 Del. Laws, c. 200, § 1.

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