45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO EMPLOYMENT LAW; REVISING A STATUTE REGARDING EMPLOYER IMMUNITY FROM LIABILITY FOR PROVIDING A REFERENCE FOR AN EMPLOYEE; AMENDING A SECTION OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 50-12-1 NMSA 1978 (being Laws 1995, Chapter 152, Section 1) is amended to read:

"50-12-1. EMPLOYER IMMUNITY FROM LIABILITY FOR REFERENCES ON FORMER EMPLOYEE.--When requested to provide a reference on a former or current employee, an employer acting in good faith is immune from liability for comments about the [former] employee's job performance. [The immunity shall not apply when the reference information supplied was knowingly false or deliberately misleading, was rendered with malicious

purpose or violated any civil rights of the former employee.]"

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.