NCJ Number
164596
Journal
FBI Law Enforcement Bulletin Volume: 65 Issue: 12 Dated: (December 1996) Pages: 19-23
Date Published
1996
Length
5 pages
Annotation
This article discusses the extent to which public and private sector employers can be held liable for the disclosure of employment information.
Abstract
Specifically, the discussion considers whether an applicant's authorization to release personnel information affords immunity from defamation liability for former employers who disclose such information to a law enforcement organization. The article begins with a brief discussion of the general principles concerning consent and immunity from defamation liability. Next, it examines two court decisions that involved the use of release agreements to determine the scope of protection such agreements afford former employers who disclose personnel information to a law enforcement organization. Finally, the article offers several recommendations regarding the contents and structure of release agreements to achieve maximum protection. The article concludes that the courts afford absolute immunity to employers for disclosure pursuant to an applicant's consent, as embodied in an authorization-to-release agreement; therefore, all applicants for sensitive law enforcement positions should be required to sign a release agreement that authorizes full disclosure of all relevant information and that provides maximum protection to those who disclose pursuant to the agreement. A sample release agreement is provided.