Limits liability of a nonprofit organization or employee for the disclosure of certain information. (8/1/20)
If enacted, SB 439 will have significant implications for state laws relating to the protection of personal information and the liability of nonprofits. It grants legal immunity to nonprofits in cases where they disclose potentially harmful information as long as the disclosure is made in good faith. Notably, the bill also contains provisions that limit the requirement to disclose personal information to public bodies, ensuring that nonprofits maintain the confidentiality of their donors, volunteers, and members, unless compelled by law.
Senate Bill 439 aims to limit the liability of nonprofit organizations and their employees when disclosing information about former employees related to sexual offenses such as misconduct, harassment, and assault. The bill provides that nonprofits will not be held liable for good faith disclosures made to prospective employers regarding former employees who may have engaged in such acts. This legislation is designed to encourage nonprofits to share critical information that could protect other organizations and the public from individuals with a history of sexual offenses.
Overall, the sentiment surrounding SB 439 appears to be supportive among legislators who recognize the need for increased protection against potential sexual offenses in the workplace. The bill has received unanimous support in the Senate, indicating a strong consensus on its necessity. However, there may be concerns among privacy advocates regarding the balance between protecting individuals' past offenses and the rights of present employees and members of nonprofits. The emphasis on good faith disclosures creating a legal shield may not satisfy all stakeholders who worry about potential misuse.
Though the bill passed unanimously, some points of contention may arise regarding the definition of 'good faith' and how it is interpreted in real-world scenarios. Critics might argue that this could lead to wrongful disclosures or an abuse of the protections intended for nonprofits. Additionally, the exclusion from liability must be weighed against the concern that individuals might be unfairly judged based on disclosed information without proper context. Thus, the bill raises essential questions about accountability versus protection in nonprofit hiring practices.