---
title: O.C.G.A. § 34-1-4. Employer immunity for disclosure of information regarding job performance.
collection: code
id: 34-1-4
cite_as: O.C.G.A. § 34-1-4 (2025)
canonical_url: https://georgiacommons.org/code/34-1-4
md_url: https://georgiacommons.org/code/34-1-4.md
text_url: https://georgiacommons.org/code/34-1-4/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t34-(v26)-2017-pdf.pdf?sfvrsn=ba91129b_0#page=7
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: LABOR AND INDUSTRIAL RELATIONS / GENERAL PROVISIONS
---

# O.C.G.A. § 34-1-4. Employer immunity for disclosure of information regarding job performance.

(a) As used in this Code section, the term:

(1) ‘‘Employee’’ means any person who is employed by an employer described in paragraph (2) of this subsection.

(2) ‘‘Employer’’ means any individual engaged in a business, corporation, S-corporation, limited liability company, partnership, limited liability partnership, sole proprietorship, association, or government entity.

(b) An employer as defined in subsection (a) of this Code section or any person employed by an employer and designated as the employer’s representative who discloses factual information concerning an employee’s or former employee’s job performance, any act committed by such employee which would constitute a violation of the laws of this state if such act occurred in this state, or ability or lack of ability to carry out the duties of such job to a prospective employer of such employee or former employee upon request of the prospective employer or of the person seeking employment is presumed to be acting in good faith unless lack of good faith is shown by a preponderance of the evidence, unless the information was disclosed in violation of a nondisclosure agreement or the information disclosed was otherwise considered confidential according to applicable federal, state, or local statute, rule, or regulation.

## History

Code 1981, § 34-1-4, enacted by Ga. L. 1993, p. 1056, § 1; Ga. L. 1995, p. 982, § 1; Ga. L. 1996, p. 748, § 1; Ga. L. 2001, p. 4, § 34.

## Law Reviews

For note on 1993 enactment of this Code section, see 10 Ga. St. U.L. Rev. 146 (1993). For review of 1996 labor and industrial relations legislation, see 13 Ga. St. U.L. Rev. 224 (1996).