Bill Text: MN SF505 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Personal credit history employment discrimination prohibition
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2013-02-18 - Referred to Jobs, Agriculture and Rural Development [SF505 Detail]
Download: Minnesota-2013-SF505-Introduced.html
1.2relating to employment; prohibiting employment discrimination based on credit
1.3history;amending Minnesota Statutes 2012, section 363A.08, subdivisions 1, 2,
1.43, 4; proposing coding for new law in Minnesota Statutes, chapter 181.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [181.9632] PERSONAL CREDIT HISTORY; PROHIBITIONS.
1.7An employer shall not inquire into, consider, request, or require any employee or
1.8applicant for employment to furnish, authorize the release of, or otherwise provide to the
1.9employer the employee's or applicant's credit history except when based on a bona fide
1.10occupational qualification or as required by state or federal law.
1.11EFFECTIVE DATE.This section is effective September 1, 2013.
1.12 Sec. 2. Minnesota Statutes 2012, section 363A.08, subdivision 1, is amended to read:
1.13 Subdivision 1. Labor organization. Except when based on a bona fide occupational
1.14qualification, it is an unfair employment practice for a labor organization, because of race,
1.15color, creed, religion, national origin, sex, marital status, status with regard to public
1.16assistance, disability, sexual orientation, credit history, or age:
1.17(1) to deny full and equal membership rights to a person seeking membership or
1.18to a member;
1.19(2) to expel a member from membership;
1.20(3) to discriminate against a person seeking membership or a member with respect
1.21to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities,
1.22or privileges of employment; or
2.1(4) to fail to classify properly, or refer for employment or otherwise to discriminate
2.2against a person or member.
2.3EFFECTIVE DATE.This section is effective September 1, 2013.
2.4 Sec. 3. Minnesota Statutes 2012, section 363A.08, subdivision 2, is amended to read:
2.5 Subd. 2. Employer. Except when based on a bona fide occupational qualification, it
2.6is an unfair employment practice for an employer, because of race, color, creed, religion,
2.7national origin, sex, marital status, status with regard to public assistance, membership or
2.8activity in a local commission, disability, sexual orientation, credit history, or age to:
2.9(1) refuse to hire or to maintain a system of employment which unreasonably
2.10excludes a person seeking employment; or
2.11(2) discharge an employee; or
2.12(3) discriminate against a person with respect to hiring, tenure, compensation, terms,
2.13upgrading, conditions, facilities, or privileges of employment.
2.14EFFECTIVE DATE.This section is effective September 1, 2013.
2.15 Sec. 4. Minnesota Statutes 2012, section 363A.08, subdivision 3, is amended to read:
2.16 Subd. 3. Employment agency. Except when based on a bona fide occupational
2.17qualification, it is an unfair employment practice for an employment agency, because of
2.18race, color, creed, religion, national origin, sex, marital status, status with regard to public
2.19assistance, disability, sexual orientation, credit history, or age to:
2.20(1) refuse or fail to accept, register, classify properly, or refer for employment or
2.21otherwise to discriminate against a person; or
2.22(2) comply with a request from an employer for referral of applicants for
2.23employment if the request indicates directly or indirectly that the employer fails to comply
2.24with the provisions of this chapter.
2.25EFFECTIVE DATE.This section is effective September 1, 2013.
2.26 Sec. 5. Minnesota Statutes 2012, section 363A.08, subdivision 4, is amended to read:
2.27 Subd. 4. Employer, employment agency, or labor organization. (a) Except when
2.28based on a bona fide occupational qualification, it is an unfair employment practice for an
2.29employer, employment agency, or labor organization, before a person is employed by an
2.30employer or admitted to membership in a labor organization, to:
2.31(1) require or request the person to furnish information that pertains to race, color,
2.32creed, religion, national origin, sex, marital status, status with regard to public assistance,
3.1disability, sexual orientation, credit history, or age; or, subject to section363A.20 , to
3.2require or request a person to undergo physical examination; unless for the sole and
3.3exclusive purpose of national security, information pertaining to national origin is required
3.4by the United States, this state or a political subdivision or agency of the United States or
3.5this state, or for the sole and exclusive purpose of compliance with the Public Contracts Act
3.6or any rule, regulation, or laws of the United States or of this state requiring the information
3.7or examination. A law enforcement agency may, after notifying an applicant for a peace
3.8officer or part-time peace officer position that the law enforcement agency is commencing
3.9the background investigation on the applicant, request the applicant's date of birth, gender,
3.10and race on a separate form for the sole and exclusive purpose of conducting a criminal
3.11history check, a driver's license check, and fingerprint criminal history inquiry. The form
3.12shall include a statement indicating why the data is being collected and what its limited use
3.13will be. No document which has date of birth, gender, or race information will be included
3.14in the information given to or available to any person who is involved in selecting the
3.15person or persons employed other than the background investigator. No person may act
3.16both as background investigator and be involved in the selection of an employee except
3.17that the background investigator's report about background may be used in that selection as
3.18long as no direct or indirect references are made to the applicant's race, age, or gender; or
3.19(2) seek and obtain for purposes of making a job decision, information from any
3.20source that pertains to the person's race, color, creed, religion, national origin, sex, marital
3.21status, status with regard to public assistance, disability, sexual orientation, credit history,
3.22or age, unless for the sole and exclusive purpose of compliance with the Public Contracts
3.23Act or any rule, regulation, or laws of the United States or of this state requiring the
3.24information; or
3.25(3) cause to be printed or published a notice or advertisement that relates to
3.26employment or membership and discloses a preference, limitation, specification, or
3.27discrimination based on race, color, creed, religion, national origin, sex, marital status,
3.28status with regard to public assistance, disability, sexual orientation, credit history, or age.
3.29(b) Any individual who is required to provide information that is prohibited by this
3.30subdivision is an aggrieved party under sections363A.06, subdivision 4 , and
363A.28 ,
3.31subdivisions 1 to 9.
3.32EFFECTIVE DATE.This section is effective September 1, 2013.
1.3history;amending Minnesota Statutes 2012, section 363A.08, subdivisions 1, 2,
1.43, 4; proposing coding for new law in Minnesota Statutes, chapter 181.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [181.9632] PERSONAL CREDIT HISTORY; PROHIBITIONS.
1.7An employer shall not inquire into, consider, request, or require any employee or
1.8applicant for employment to furnish, authorize the release of, or otherwise provide to the
1.9employer the employee's or applicant's credit history except when based on a bona fide
1.10occupational qualification or as required by state or federal law.
1.11EFFECTIVE DATE.This section is effective September 1, 2013.
1.12 Sec. 2. Minnesota Statutes 2012, section 363A.08, subdivision 1, is amended to read:
1.13 Subdivision 1. Labor organization. Except when based on a bona fide occupational
1.14qualification, it is an unfair employment practice for a labor organization, because of race,
1.15color, creed, religion, national origin, sex, marital status, status with regard to public
1.16assistance, disability, sexual orientation, credit history, or age:
1.17(1) to deny full and equal membership rights to a person seeking membership or
1.18to a member;
1.19(2) to expel a member from membership;
1.20(3) to discriminate against a person seeking membership or a member with respect
1.21to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities,
1.22or privileges of employment; or
2.1(4) to fail to classify properly, or refer for employment or otherwise to discriminate
2.2against a person or member.
2.3EFFECTIVE DATE.This section is effective September 1, 2013.
2.4 Sec. 3. Minnesota Statutes 2012, section 363A.08, subdivision 2, is amended to read:
2.5 Subd. 2. Employer. Except when based on a bona fide occupational qualification, it
2.6is an unfair employment practice for an employer, because of race, color, creed, religion,
2.7national origin, sex, marital status, status with regard to public assistance, membership or
2.8activity in a local commission, disability, sexual orientation, credit history, or age to:
2.9(1) refuse to hire or to maintain a system of employment which unreasonably
2.10excludes a person seeking employment; or
2.11(2) discharge an employee; or
2.12(3) discriminate against a person with respect to hiring, tenure, compensation, terms,
2.13upgrading, conditions, facilities, or privileges of employment.
2.14EFFECTIVE DATE.This section is effective September 1, 2013.
2.15 Sec. 4. Minnesota Statutes 2012, section 363A.08, subdivision 3, is amended to read:
2.16 Subd. 3. Employment agency. Except when based on a bona fide occupational
2.17qualification, it is an unfair employment practice for an employment agency, because of
2.18race, color, creed, religion, national origin, sex, marital status, status with regard to public
2.19assistance, disability, sexual orientation, credit history, or age to:
2.20(1) refuse or fail to accept, register, classify properly, or refer for employment or
2.21otherwise to discriminate against a person; or
2.22(2) comply with a request from an employer for referral of applicants for
2.23employment if the request indicates directly or indirectly that the employer fails to comply
2.24with the provisions of this chapter.
2.25EFFECTIVE DATE.This section is effective September 1, 2013.
2.26 Sec. 5. Minnesota Statutes 2012, section 363A.08, subdivision 4, is amended to read:
2.27 Subd. 4. Employer, employment agency, or labor organization. (a) Except when
2.28based on a bona fide occupational qualification, it is an unfair employment practice for an
2.29employer, employment agency, or labor organization, before a person is employed by an
2.30employer or admitted to membership in a labor organization, to:
2.31(1) require or request the person to furnish information that pertains to race, color,
2.32creed, religion, national origin, sex, marital status, status with regard to public assistance,
3.1disability, sexual orientation, credit history, or age; or, subject to section
3.2require or request a person to undergo physical examination; unless for the sole and
3.3exclusive purpose of national security, information pertaining to national origin is required
3.4by the United States, this state or a political subdivision or agency of the United States or
3.5this state, or for the sole and exclusive purpose of compliance with the Public Contracts Act
3.6or any rule, regulation, or laws of the United States or of this state requiring the information
3.7or examination. A law enforcement agency may, after notifying an applicant for a peace
3.8officer or part-time peace officer position that the law enforcement agency is commencing
3.9the background investigation on the applicant, request the applicant's date of birth, gender,
3.10and race on a separate form for the sole and exclusive purpose of conducting a criminal
3.11history check, a driver's license check, and fingerprint criminal history inquiry. The form
3.12shall include a statement indicating why the data is being collected and what its limited use
3.13will be. No document which has date of birth, gender, or race information will be included
3.14in the information given to or available to any person who is involved in selecting the
3.15person or persons employed other than the background investigator. No person may act
3.16both as background investigator and be involved in the selection of an employee except
3.17that the background investigator's report about background may be used in that selection as
3.18long as no direct or indirect references are made to the applicant's race, age, or gender; or
3.19(2) seek and obtain for purposes of making a job decision, information from any
3.20source that pertains to the person's race, color, creed, religion, national origin, sex, marital
3.21status, status with regard to public assistance, disability, sexual orientation, credit history,
3.22or age, unless for the sole and exclusive purpose of compliance with the Public Contracts
3.23Act or any rule, regulation, or laws of the United States or of this state requiring the
3.24information; or
3.25(3) cause to be printed or published a notice or advertisement that relates to
3.26employment or membership and discloses a preference, limitation, specification, or
3.27discrimination based on race, color, creed, religion, national origin, sex, marital status,
3.28status with regard to public assistance, disability, sexual orientation, credit history, or age.
3.29(b) Any individual who is required to provide information that is prohibited by this
3.30subdivision is an aggrieved party under sections
3.31subdivisions 1 to 9.
3.32EFFECTIVE DATE.This section is effective September 1, 2013.
