New Jersey Assembly Bill A2087

New Jersey 2022-2023 Regular Session

• Introduced: 2/7/22
• Refer: 2/7/22

Caption

Immunizes employers from civil liability for certain disclosures regarding employees and former employees.

Impact

The introduction of A2087 is aimed at creating a safer and more efficient workplace environment by facilitating transparency between current and prospective employers. Notably, the bill protects employers from civil lawsuits, provided that their disclosures are made in good faith. This measure is expected to foster a smoother hiring process, as potential employers would have easier access to vital employment history and qualifications of candidates, thus promoting better employment practices and decisions.

Summary

Assembly Bill A2087 is focused on granting immunity to employers from civil liability regarding disclosures about current or former employees. The bill specifies that employers acting in good faith will not be liable for sharing certain information contained in an employee's personnel file, which includes the employee's name, title, compensation, period of employment, and reasons for separation. The intent behind this legislation is to allow prospective employers to obtain relevant information without employers fearing legal repercussions for disclosing what they believe to be truthful data.

Contention

Despite its intended benefits, the bill does raise concerns among certain stakeholders who argue that it may inadvertently lead to reduced accountability for employers. Critics worry that the broad scope of immunity may encourage employers to disclose unfavorable information about former employees, potentially affecting their job prospects negatively. Moreover, the bill does stipulate that disclosure must be accompanied by a demonstration of good faith, but there are concerns regarding how this standard will be interpreted and enforced in practice, leading to potential conflicts between employee rights and employer protections.