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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 40, § 40-61: Disclosure of information by employer - Presumption of good

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Where this section sits in the code
  1. OK Code
  2. Title 40

faith - Immunity from liability.

A. An employer may disclose information about a current or

former employee's job performance to a prospective employer of the

current or former employee upon request of the prospective employer

and with consent of the current or former employee, or upon request

of the current or former employee. A state agency, as defined in

Section 840-2.5 of Title 74 of the Oklahoma Statutes, may disclose

information regarding a current or former employee's job performance

to another state agency which is a prospective employer of the

current or former employee without the employee's consent. The

employer is presumed to be acting in good faith, unless lack of good

faith is shown by a preponderance of the evidence. The current or

former employer shall be immune from civil liability for the

disclosure or any consequences of such disclosure unless the

presumption of good faith is rebutted upon a showing that the

information disclosed by the current or former employer was false

and the employer providing the information had knowledge of its

falsity or acted with malice or reckless disregard for the truth.

B. The provisions of this section shall apply to any employee,

agent, or other representative of the current or former employer,

including a state agency, who is authorized to provide and who

provides information in accordance with the provisions of this

section.

C. Failure to comply with any provision of this section shall

not give rise to any liability or causes of action which did not

exist prior to July 1, 1995. This section shall only apply to

causes of action accruing on and after July 1, 1995.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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