Safe Harbor for Reporting Violent Behavior Act of 2016

Bill: 114-hr-4532
Sponsor: full_name: Rep. Goodlatte, Bob [R-VA-6]
Introduced: 2016-02-11
Policy area: Crime and Law Enforcement
Subjects: Assault and harassment offenses

Civil actions and liability

Employee performance

Personnel records

Violent crime

Worker safety and health
Latest action: action_date: 2016-02-29
text: Referred to the Subcommittee on the Constitution and Civil Justice.

Summaries:
action_date: 2016-02-11
action_desc: Introduced in House
text: <p><b>Safe Harbor for Reporting Violent Behavior Act of 2016</b></p> <p>This bill makes an employer immune from civil liability for reporting to a potential future employer an employee or former employee&rsquo;s violent or threatening behavior. The report must be made in good faith and based on objectively reasonable suspicion.</p> <p>Additionally, the bill makes a potential employer immune from civil liability for taking a reasonable action in good faith to respond to a report of violent or threatening behavior of an employee or potential employee.</p>

tv_txt: I 114th CONGRESS 2d Session H. R. 4532 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. Short title This Act may be cited as the Safe Harbor for Reporting Violent Behavior Act of 2016 . 2. Safe Harbor from liability for reports of violent behavior (a) Safe harbor for employer reports of violent behavior or threatened violent behavior (1) In general Any employer who, in good faith and based on objectively reasonable suspicion, makes, or causes to be made, a voluntary report about violent behavior, or threatened violent behavior, by an employee or former employee to a potential employer of that employee shall be immune from civil liability under Federal, State, and local law for such report. (2) False reports Paragraph (1) shall not apply to any report if it is shown by clear and convincing evidence that the employer knew such report to be false or that such report was made with reckless disregard for the truth at the time that employer made such report. (b) Safe harbor for response Any potential employer who observes or receives a report from an employer acting pursuant to subsection (a) about violent behavior, or threatened violent behavior, of an employee or potential employee and takes reasonable action in good faith to respond to such activity shall be immune from civil liability under Federal, State, and local law for such action. (c) Savings clause Nothing in this Act shall affect the ability of any employer to assert any defense, privilege, or immunity that would otherwise be available under Federal, State, or local law or regulations, or common law, and this Act shall not be construed as affecting any such defense, privilege, or immunity. (d) Rule of construction Nothing in this Act shall be construed to create any duty of any employer to disclose violent behavior, or threatened violent behavior, or to preclude an employer from disclosing any such behavior, or other behavior. (e) Attorney fees and costs Any employer who is immune from civil liability under this section shall be entitled to recover from the plaintiff all reasonable costs and attorney fees. (f) Definition In this section— (1) the term employer includes any individual agent or representative of that employer; and (2) the term violent behavior, or threatened violent behavior means battery, assault, threats of violence, physical fighting, physical intimidation, and other violent conduct, or a threat of such conduct, that a reasonable person would consider to pose a threat of physical injury to any person.