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AN ACT concerning employer immunity for disclosure of employment
  information; amending K.S.A. 1996 Supp. 44-119a and repealing the
  existing section.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 1996 Supp. 44-119a is hereby amended to read as
follows: 44-119a. (a) Unless otherwise provided by law, an employer, or
an employer's designee, who discloses information about a current or
former employee to a prospective employer of the employee shall be
qualifiedly immune from civil liability.
  (b)  Unless otherwise provided by law, an employer who discloses in-
formation about a current or former employee to a prospective employer
of the employee shall be absolutely immune from civil liability. The im-
munity applies only to disclosure of the following:
  (1)  Date of employment;
  (2)  pay level;
  (3)  job description and duties; and
  (4)  wage history.
  (c)  Unless otherwise provided by law, an employer who responds in
writing to a written request concerning a current or former employee
from a prospective employer of that employee shall be absolutely immune
from civil liability for disclosure of the following information to which an
employee may have access:
  (1)  Written employee evaluations which were conducted prior to the
employee's separation from the employer and to which an employee shall
be given a copy upon request; and
  (2)  whether the employee was voluntarily or involuntarily released
from service and the reasons for the separation.
  (d)  This section shall apply to causes of action accruing on and after
the effective date of this act.
  (e)  The immunity conferred by this act shall not apply when an em-
ployer or prospective employer discriminates or retaliates against an em-
ployee because the employee or the prospective employee has exercised,
or is believed to have exercised, any federal or state statutory right or
undertaken any action encouraged by the public policy of this state.
  Sec. 2.  K.S.A. 1996 Supp. 44-119a is hereby repealed.
  Sec. 3.  This act shall take effect and be in force from and after its
publication in the statute book.