South Carolina Code of Laws
Chapter 1 - General Provisions
Section 41-1-65. Employers granted immunity from liability for disclosure of information.

(A) As used in this section:
(1) "Employer" means any person, partnership, for profit or nonprofit corporation, limited liability corporation, the State and its political subdivisions and their agents that employ one or more employees. As used in this definition, "agent" means any former supervisor or the employer's designee.
(2) "Employee" means any person employed by an employer.
(3) "Evaluation" means a written employee evaluation which was conducted by the employer and signed by the employee, including any written employee response to the evaluation, before the employee's separation from the employer and of which the employee, upon written request, shall be given a copy.
(4) "Former employee" means an individual who was previously employed by an employer.
(5) "Job performance" includes, but is not limited to, attendance, attitude, awards, demotions, duties, effort, evaluations, knowledge, skills, promotions, and disciplinary actions.
(6) "Prospective employer" means any employer to which a prospective employee has made application, either oral or written, or forwarded a resume or other correspondence expressing an interest in employment.
(7) "Prospective employee" means any person who has made an application either oral or written or has sent a resume or other correspondence to a prospective employer indicating an interest in employment.
(B) Unless otherwise provided by law, an employer shall be immune from civil liability for the disclosure of an employee's or former employee's dates of employment, pay level, and wage history to a prospective employer.
(C) Unless otherwise provided by law, an employer who responds in writing to a written request concerning a current employee or former employee from a prospective employer of that employee shall be immune from civil liability for disclosure of the following information to which an employee or former employee may have access:
(1) written employee evaluations;
(2) official personnel notices that formally record the reasons for separation;
(3) whether the employee was voluntarily or involuntarily released from service and the reason for the separation; and
(4) information about job performance.
(D) This protection and immunity shall not apply where an employer knowingly or recklessly releases or discloses false information.
HISTORY: 1996 Act No. 281, Section 1, eff May 6, 1996.

Editor's Note
1996 Act No. 281, Section 2, provides:
"SECTION 2. The provisions of Section 41-1-65 of the 1976 Code, as added by Section 1 of this act, shall apply to causes of action occurring on or after the effective date of this act."

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 41 - Labor and Employment

Chapter 1 - General Provisions

Section 41-1-10. Employers shall post certain labor laws.

Section 41-1-15. Establishment of drug prevention program in workplace; confidentiality of information concerning test results.

Section 41-1-20. Unlawful discrimination against union members.

Section 41-1-25. Employee benefits, establishment by political subdivisions prohibited; definitions.

Section 41-1-30. Terminating authorized worker and replacing with unauthorized alien; wrongful termination action by discharged employee.

Section 41-1-40, 41-1-50. Repealed by 2010 Act No. 137, Section 8, eff March 31, 2010.

Section 41-1-60. Certain transactions between carriers or shippers and labor organizations prohibited; penalties.

Section 41-1-65. Employers granted immunity from liability for disclosure of information.

Section 41-1-70. Liability of employer for dismissal or demotion of employee who complies with subpoena or serves on jury.

Section 41-1-80. Prohibition against retaliation based upon employee's institution of, or participation in, proceedings under Workers' Compensation Law; civil actions.

Section 41-1-85. Personnel action based on use of tobacco products outside of workplace prohibited.

Section 41-1-90. Requirement of notice that completion of training program does not guarantee employment.

Section 41-1-100. Form of notice required by Section 41-1-90.

Section 41-1-110. Conspicuous disclaimer of contract of employment created by handbook, personnel manual, or other document issued by employer.

Section 41-1-120. Establishing independent contractor status between nonprofit youth sports organization and coach; written agreement; disclosures.

Section 41-1-130. Break time or meal time for employees to express breast milk; definitions; remedies.