I 

114TH CONGRESS 

2D SESSION H. R. 4532 

To provide for a safe harbor for reports to potential employers by current 

or former employers of violent behavior or threats thereof by employees. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2016 

Mr. GOODLATTE (for himself, Mr. KLINE, Mr. CHABOT, Mr. HURT of Virginia, Mr. GRIFFITH, and Mr. PETERSON) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To provide for a safe harbor for reports to potential employers by current or former employers of violent behavior 

or threats thereof by employees. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Harbor for Re5 porting Violent Behavior Act of 2016’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 4532 IH

1 SEC. 2. SAFE HARBOR FROM LIABILITY FOR REPORTS OF 

2 VIOLENT BEHAVIOR. 

3 (a) SAFE HARBOR FOR EMPLOYER REPORTS OF VIO4 LENT BEHAVIOR OR THREATENED VIOLENT BEHAV5 IOR.— 

6 (1) IN GENERAL.—Any employer who, in good 

7 faith and based on objectively reasonable suspicion, 

8 makes, or causes to be made, a voluntary report 

9 about violent behavior, or threatened violent behav10 ior, by an employee or former employee to a poten11 tial employer of that employee shall be immune from 

12 civil liability under Federal, State, and local law for 

13 such report. 

14 (2) FALSE REPORTS.—Paragraph (1) shall not 

15 apply to any report if it is shown by clear and con16 vincing evidence that the employer knew such report 

17 to be false or that such report was made with reck18 less disregard for the truth at the time that em19 ployer made such report. 

20 (b) SAFE HARBOR FOR RESPONSE.—Any potential 

21 employer who observes or receives a report from an em22 ployer acting pursuant to subsection (a) about violent be23 havior, or threatened violent behavior, of an employee or 

24 potential employee and takes reasonable action in good 

25 faith to respond to such activity shall be immune from 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 4532 IH

1 civil liability under Federal, State, and local law for such 

2 action. 

3 (c) SAVINGS CLAUSE.—Nothing in this Act shall af4 fect the ability of any employer to assert any defense, 

5 privilege, or immunity that would otherwise be available 

6 under Federal, State, or local law or regulations, or com7 mon law, and this Act shall not be construed as affecting 

8 any such defense, privilege, or immunity. 

9 (d) RULE OF CONSTRUCTION.—Nothing in this Act 

10 shall be construed to create any duty of any employer to 

11 disclose violent behavior, or threatened violent behavior, 

12 or to preclude an employer from disclosing any such be13 havior, or other behavior. 

14 (e) ATTORNEY FEES AND COSTS.—Any employer 

15 who is immune from civil liability under this section shall 

16 be entitled to recover from the plaintiff all reasonable costs 

17 and attorney fees. 

18 (f) DEFINITION.—In this section— 

19 (1) the term ‘‘employer’’ includes any individual 

20 agent or representative of that employer; and 

21 (2) the term ‘‘violent behavior, or threatened 

22 violent behavior’’ means battery, assault, threats of 

23 violence, physical fighting, physical intimidation, and 

24 other violent conduct, or a threat of such conduct, 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•HR 4532 IH

1 that a reasonable person would consider to pose a 

2 threat of physical injury to any person. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS