Qualified immunity can protect an employer who provides a negative reference in response to an inquiry from a prospective employer.

The plaintiff’s conditional offer of employment with the Department of Veteran Affairs was revoked when it was notified by Community Hospital Group that the plaintiff’s prior employment at Community had been involuntarily terminated. As part of the VA application process, the plaintiff had authorized the disclosure by Community, so long as the information was disclosed in good faith. It was subsequently determined that the information provided by Community was in error. Community took steps to correct the mistake, but the VA refused to reinstate the employment offer. In affirming the dismissal of the plaintiff’s action, the court held that, while Community’s actions may have been negligent, there was no showing that it was motivated by bad faith. As such, Community was entitled to a qualified privilege for its actions.

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