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H.97

Introduced by Representatives Sinnott of Bennington and Brady of Bennington

Referred to Committee on

Date:

Subject: Court procedure; evidence; employment records

Statement of purpose: This bill proposes to establish a limited evidentiary privilege for employment records.

AN ACT RELATING TO A LIMITED EVIDENTIARY PRIVILEGE FOR EMPLOYMENT RECORDS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 12 V.S.A. § 1615 is added to read:

§ 1615. LIMITED EVIDENTIARY PRIVILEGE FOR EMPLOYMENT RECORDS

(a) Employment records of an employee shall be privileged unless the party who seeks the records can show that the records are relevant, not otherwise available and that denial of production of the records will unfairly prejudice or cause undue hardship or injustice to the party seeking the records.

(b) Before ruling on a request for an employment record, the court shall give the employee whose record is sought a notice and an opportunity to be heard.

(c) If necessary to rule on a request under this section, the court may make an in camera inspection of the employment records being sought.