§ 8.01-46.1.Disclosure of employment-related information; presumptions; causes of action; definitions.

Subsection A immunizes an employer from civil liability for furnishing information about a person’s professional conduct, reasons for separation, or job performance — including information in written performance evaluations — upon request by that person’s prospective or current employer, provided the employer is not acting in bad faith. An employer is presumed to act in good faith, and that presumption can be rebutted only by clear and convincing evidence that the employer disclosed the information knowing it was false, with reckless disregard for whether it was false, or with the intent to deliberately mislead.

Subsection B allows punitive damages, as provided by § 8.01-38.1, in a civil action against an employer for disclosing this kind of information, if the trier of fact determines the employer acted in bad faith.

Subsection C defines the terms that frame the section’s reach: “employee” means any person, paid or unpaid, in an employer’s service; “employer” reaches any person, firm, or corporation with one or more employees, including the Commonwealth and its political subdivisions; “information” includes facts, data, and opinions; “job performance” includes matters such as ability, attendance, evaluations, and disciplinary actions; “professional conduct” includes the ethical standards governing the employee’s profession or the lawful conduct the employer expects; and “prospective employer” means an employer considering the person for employment.