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H.R. 4532 (114th): Safe Harbor for Reporting Violent Behavior Act of 2016

The text of the bill below is as of Feb 11, 2016 (Introduced).


I

114th CONGRESS

2d Session

H. R. 4532

IN THE HOUSE OF REPRESENTATIVES

February 11, 2016

(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.