Effective date: January 1, 2019

Overview: A new law California Law (AB 2770) gives employers leeway in speaking truthfully to prospective employers about whether candidates, while employed, engaged in sexual harassment.

Details:

AB 2770 protects certain communications from liability for slander or libel, such as communications concerning the performance of a job applicant by a previous employer. The law considers such communications to be privileged if they are made “without malice” by an applicant’s current or former employer to the applicant’s prospective employer.

The amendments clarify that the privilege applies to complaints of sexual harassment by an employee based upon credible evidence and communications between the employer and interested persons. The amended law authorizes a current or former employer to answer whether the employer would rehire the job applicant and whether the decision to rehire is based on the employer’s determination that the applicant, while employed, engaged in sexual harassment.

Call to Action: California employers should train recruiters and employees who interview or screen applicants on the amended law’s requirements. Employers should consult with knowledgeable employment law counsel regarding drafting reference requests and responses.

Please contact your Service Team with any questions.