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<section article="gcj" article_name="Courts and Judicial Proceedings" number="5-423" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="4" subtitle_name="Immunities and Prohibited Actions -- Businesses, Associations, and Charities">
  <level label="a">
    <text>An employer acting in good faith may not be held liable for disclosing any information about the job performance or the reason for termination of employment of an employee or former employee of the employer:</text>
    <level label="1">
      <text>To a prospective employer of the employee or former employee at the request of the prospective employer, the employee, or former employee; or</text>
    </level>
    <level label="2">
      <text>If requested or required by a federal, State, or industry regulatory authority or if the information is disclosed in a report, filing, or other document required by law, rule, order, or regulation of the regulatory authority.</text>
    </level>
  </level>
  <level label="b">
    <text>An employer who discloses information under subsection (a) of this section shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the employer:</text>
    <level label="1">
      <text>Acted with actual malice toward the employee or former employee; or</text>
    </level>
    <level label="2">
      <text>Intentionally or recklessly disclosed false information about the employee or former employee.</text>
    </level>
  </level>
</section>
