Idaho State Statutes - Idaho Attorney Directory

(1) It is unlawful for any employer to maintain
a blacklist, or to notify any other employer that any current or former
employee has been blacklisted by such employer, for the purpose of preventing
such employee from receiving employment.
(2) An employer who in good faith provides information about the job
performance, professional conduct, or evaluation of a former or current
employee to a prospective employer of that employee, at the request of the
prospective employer of that employee, or at the request of the current or
former employee, may not be held civilly liable for the disclosure or the
consequences of providing the information.
There is a rebuttable presumption that an employer is acting in good faith
when the employer provides information about the job performance, professional
conduct, or evaluation of a former or current employee to a prospective
employer of that employee, at the request of the prospective employer of that
employee or at the request of the current or former employee.
The presumption of good faith is rebuttable only upon showing by clear and
convincing evidence that the employer disclosed the information with actual
malice or with deliberate intent to mislead.
For the purposes of this section, "actual malice" means knowledge that the
information was false or given with reckless disregard of whether the
information was false.

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