40-61.

§40-61.


    A.  An employer may disclose information about a current or
former employee's job performance to a prospective employer of the
current or former employee upon request of the prospective employer
and with consent of the current or former employee, or upon request
of the current or former employee.  A state agency, as defined in
Section 840-2.5 of Title 74 of the Oklahoma Statutes, may disclose
information regarding a current or former employee's job performance
to another state agency which is a prospective employer of the
current or former employee without the employee's consent.  The
employer is presumed to be acting in good faith, unless lack of good
faith is shown by a preponderance of the evidence.  The current or
former employer shall be immune from civil liability for the
disclosure or any consequences of such disclosure unless the
presumption of good faith is rebutted upon a showing that the
information disclosed by the current or former employer was false and
the employer providing the information had knowledge of its falsity
or acted with malice or reckless disregard for the truth.
    B.  The provisions of this section shall apply to any employee,
agent, or other representative of the current or former employer,
including a state agency, who is authorized to provide and who
provides information in accordance with the provisions of this
section.
    C.  Failure to comply with any provision of this section shall
not give rise to any liability or causes of action which did not
exist prior to July 1, 1995.  This section shall only apply to causes
of action accruing on and after July 1, 1995.