Section 9:3-40.7 - Immunity from liability relative to disclosure of information by agency.

NJ Rev Stat § 9:3-40.7 (2019) (N/A)

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9:3-40.7 Immunity from liability relative to disclosure of information by agency.

6. a. An approved agency that has received an employment application from an individual, or currently employs a staff member, shall be immune from liability for acting upon or disclosing information about the disqualification or termination of that applicant or staff member to another agency seeking to employ that staff member if the agency has:

(1) received notice from the department, that the applicant or staff member has been determined by the department to be disqualified from employment pursuant to this act; or

(2) terminated the employment of a staff member because the staff member was disqualified from employment on the basis of a conviction of a crime or disorderly persons offense pursuant to section 4 of this act after commencing employment at the agency.

b. An approved agency that acts upon or discloses information pursuant to subsection a. of this section shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the agency acted with actual malice toward the staff member who is the subject of the information.

L.2008, c.114, s.6.

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