Ohio § 4113.71

§ 4113.71.

(A) As used in this section: (1) “ Employee ” means an individual currently or formerly employed by an employer. (2) “ Employer ” means the state, any political subdivision of the state, any person employing one

or more individuals in this state, and any person directly or indirectly acting in

the interest of the state, political subdivision, or such person. (3) “ Political subdivision ” and “ state ” have the same meanings as in section 2744.01 of the Revised Code . (B) An employer who is requested by an employee or a prospective employer of an employee

to disclose to a prospective employer of that employee information pertaining to the

job performance of that employee for the employer and who discloses the requested

information to the prospective employer is not liable in damages in a civil action

to that employee, the prospective employer, or any other person for any harm sustained

as a proximate result of making the disclosure or of any information disclosed, unless

the plaintiff in a civil action establishes, either or both of the following: (1) By a preponderance of the evidence that the employer disclosed particular information

with the knowledge that it was false, with the deliberate intent to mislead the prospective

employer or another person, in bad faith, or with malicious purpose; (2) By a preponderance of the evidence that the disclosure of particular information

by the employer constitutes an unlawful discriminatory practice described in section 4112.02 , 4112.021 , or 4112.022 of the Revised Code . (C) If the court finds that the verdict of the jury was in favor of the defendant, the

court shall determine whether the lawsuit brought under division (B) of this section

constituted frivolous conduct as defined in division (A) of section 2323.51 of the Revised Code , if the court finds by a preponderance of the evidence that the lawsuit constituted

frivolous conduct, it may order the plaintiff to pay reasonable attorney's fees and

court costs of the defendant. (D)(1) This section does not create a new cause of action or substantive legal right against

an employer. (2) This section does not affect any immunities from civil liability or defenses established

by another section of the Revised Code or available at common law to which an employer

may be entitled under circumstances not covered by this section.