The enactment of H2147 is expected to significantly affect both employers and employees statewide. For employers, the bill removes potential legal risks associated with providing honest and necessary information about past employees, potentially facilitating more transparent and open communication in the hiring process. This could be particularly beneficial in contexts where previous job performance is a critical factor in hiring decisions. However, while the bill aims to protect employers, it might have implications for job seekers who may find it challenging if less favorable information is kept private or if they are unable to access references reflecting their actual experience at various positions.
Summary
House Bill 2147, presented by Representative Joseph D. McKenna, proposes amendments to Chapter 149 of the General Laws concerning employer liability when providing references for current or former employees. The bill aims to grant absolute immunity to employers disclosing certain employment-related information to prospective employers. Specifically, this includes details such as dates of employment, pay levels, job descriptions, and wage history, as well as letter references regarding employee evaluations or the circumstances of their separation. This change in legislation is aimed at easing concerns employers may have about disclosing information linked to former employees’ performance or employment history.
Contention
Despite its intentions, the bill may face opposition based on concerns regarding transparency and fairness in the hiring process. Critics may argue that such immunity could lead to overly cautious or selective references, wherein employers may withhold critical context about a candidate's past employment that could inform future employers about the individual’s fit for the position. Furthermore, there are concerns that this legal protection could embolden discriminatory practices, as employers might feel less accountable when providing incomplete or negative references without fear of repercussion.