BILL WOULD PROTECT EMPLOYER REFERENCES; KINDER SAYS EMPLOYERS ARE AFRAID TO DISCUSS FORMER WORKERS

State senators are pushing a bill that would protect Missouri's employers from lawsuits when they provide information on former employees.

The bill, introduced by state Sen. Peter Kinder, R-Cape Girardeau, would allow an employer to provide information to a prospective employer about former employees.

Employers would be able to provide written employee evaluations and reasons why an employee left.

They also would be allowed to provide information on the dates and duration of employment, pay level and job description of former employees.

The information could be disclosed only upon a written request from a prospective employer.

Twenty senators have co-sponsored the bill, Senate Bill 147. The Senate Commerce Committee unanimously voted the bill out of committee Feb. 18.

Kinder introduced similar legislation last year.

Employers, he said, are afraid to disclose information about former employees.

"The threat of lawsuits has almost completely halted traffic in this kind of information," Kinder said. "Rather than run the risk of being sued, employers are just saying nothing."

A 1995 survey of members of the Society of Human Resources Management found that less than half of prospective employers learn the reason why a job applicant left a previous job.

Only 56 percent of employers said they received adequate information in reference checks as to a person's qualification for a job.

The Missouri Chamber of Commerce and health-care agencies are among the groups supporting the bill.

Kinder said it is important for home-health-care agencies to have accurate employment histories of prospective employees.

Such businesses minister to the needs of vulnerable, sick, elderly people, he said.

Dan Mehan of the Missouri Chamber of Commerce said, "Litigation has frightened away the free flow of information."

Providing legal protection for employers would allow a freer flow of information about prospective employees and lead to smarter hiring decisions, Mehan said.

Mehan, who is vice president of the state chamber, said the bill is a common-sense measure.

"Too often in the General Assembly a common-sense measure like this gets opposed by trial attorneys," he said.

Mehan said the state trial attorneys group opposes this measure.

A similar measure has been introduced in the Missouri House and referred to the House Judiciary Committee.

The committee hasn't acted on the bill, Mehan said.