Bill Text: MN SF1122 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Credit or criminal history reliance for employment requirements modifications
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-07 - Referred to Jobs and Economic Growth [SF1122 Detail]
Download: Minnesota-2011-SF1122-Introduced.html
1.2relating to employment; modifying reliance on credit or criminal history for
1.3employment requirements;amending Minnesota Statutes 2010, sections 181.981,
1.4subdivision 1; 364.021.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 181.981, subdivision 1, is amended to read:
1.7 Subdivision 1. Limitation on admissibility of criminal history. Information
1.8regarding a criminal history record of an employee or former employee may not be
1.9introduced as evidence in a civil action against a private employer or its employees or
1.10agents that is based on the conduct of the employee or former employee, if:
1.11(1) the duties of the position of employment did not expose others to a greater degree
1.12of risk than that created by the employee or former employee interacting with the public
1.13outside of the duties of the position or that might be created by being employed in general;
1.14(2) before the occurrence of the act giving rise to the civil action, a court order sealed
1.15any record of the criminal case or the employee or former employee received a pardon;or
1.16(3) the record is of an arrest or charge that did not result in a criminal conviction.; or
1.17(4) the action is based solely upon the employer's compliance with section 364.021.
1.18 Sec. 2. Minnesota Statutes 2010, section 364.021, is amended to read:
1.19364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF
1.20CRIMINAL RECORDS.
1.21(a) A public or private employer may not inquire into or consider the credit history
1.22or score, criminal record, or criminal history of an applicant forpublic employment until
1.23the applicant has been selected for an interview by the employer.
2.1(b) This section does not apply to the Department of Corrections or topublic
2.2employers who have a statutory duty to conduct a criminal history background check
2.3or otherwise take into consideration a potential employee's criminal history during the
2.4hiring process.
2.5(c) This section does not prohibita public an employer from notifying applicants
2.6that law or the employer's policy will disqualify an individual with a particular criminal
2.7history background from employment in particular positions.
1.3employment requirements;amending Minnesota Statutes 2010, sections 181.981,
1.4subdivision 1; 364.021.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 181.981, subdivision 1, is amended to read:
1.7 Subdivision 1. Limitation on admissibility of criminal history. Information
1.8regarding a criminal history record of an employee or former employee may not be
1.9introduced as evidence in a civil action against a private employer or its employees or
1.10agents that is based on the conduct of the employee or former employee, if:
1.11(1) the duties of the position of employment did not expose others to a greater degree
1.12of risk than that created by the employee or former employee interacting with the public
1.13outside of the duties of the position or that might be created by being employed in general;
1.14(2) before the occurrence of the act giving rise to the civil action, a court order sealed
1.15any record of the criminal case or the employee or former employee received a pardon;
1.16(3) the record is of an arrest or charge that did not result in a criminal conviction
1.17(4) the action is based solely upon the employer's compliance with section 364.021.
1.18 Sec. 2. Minnesota Statutes 2010, section 364.021, is amended to read:
1.19364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF
1.20CRIMINAL RECORDS.
1.21(a) A public or private employer may not inquire into or consider the credit history
1.22or score, criminal record, or criminal history of an applicant for
1.23the applicant has been selected for an interview by the employer.
2.1(b) This section does not apply to the Department of Corrections or to
2.2employers who have a statutory duty to conduct a criminal history background check
2.3or otherwise take into consideration a potential employee's criminal history during the
2.4hiring process.
2.5(c) This section does not prohibit
2.6that law or the employer's policy will disqualify an individual with a particular criminal
2.7history background from employment in particular positions.
