Add Nebraska to the growing number of states that have granted civil immunity to employers that provide job references to prospective employers of their current or former employees. Approved by Nebraska Governor Dave Heineman, the law, LB 959, will take effect on July 18, 2012. The new law authorizes employers in Nebraska to disclose, with the employee’s written consent: Dates and duration of employment; Final pay rate and wage history; Job description and duties; Attendance information; Drug and alcohol testing results within one year prior to the date of the reference request; etc. Prospective employers wishing to take advantage of the new law will need to revise their application forms. Immunity will not apply where it can be shown that the employer has discriminated or retaliated against the current or former employee. Therefore, employers should be cautious to ensure that information provided as a reference does not appear to be motivated by discrimination or retaliation against an employee who has exercised his or her state or federal statutory rights.
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