To deal with employers' reluctance to provide information about former employees, a number of states have enacted laws “immunizing” employers against employee claims over such disclosures. The immunity laws generally provide protection from claims for defamation of character. Washington is among the states with a reference immunity law.
Under Washington law, employers are presumed to be acting in good faith and immune from civil and criminal liability for the disclosure of requested information about a current or former employee, made at his or her specific request, to a prospective employer or employment agency, provided that the information disclosed relates to:
• The employee's ability to perform his or her job;
• The ...