KRS 411.225: Employer immunity from civil liability for disclosure of employee

information -- Exceptions -- Effect of provision.

(1) An employer who provides information about the job performance, professional

conduct, or evaluation of a former or current employee to a prospective employer of

that employee, at the request of that employee or prospective employer, shall be

immune from civil liability arising out of the disclosure unless the plaintiff in the

civil action proves:

(a) That the employer disclosed the in formation knowing that it was false, with

reckless disregard of whether it was true or false, or with intent to mislead the

prospective employer; or

(b) That the disclosure of the information by the employer constitutes an unlawful

discriminatory practice under KRS Chapter 344.

(2) This section does not create a new cause of action or substantive legal right against

an employer.

(3) This section does not limit an employer's immunity from civil liability or defenses

established in another section of the Kent ucky Revised Statutes or available at

common law.