Bill Text: MN SF523 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Employers criminal history reliance for job applicants limitations and remedies imposition
Spectrum: Slight Partisan Bill (Democrat 16-5-1)
Status: (Passed) 2013-05-15 - Secretary of State Chapter 61 05/13/13 [SF523 Detail]
Download: Minnesota-2013-SF523-Introduced.html
Bill Title: Employers criminal history reliance for job applicants limitations and remedies imposition
Spectrum: Slight Partisan Bill (Democrat 16-5-1)
Status: (Passed) 2013-05-15 - Secretary of State Chapter 61 05/13/13 [SF523 Detail]
Download: Minnesota-2013-SF523-Introduced.html
1.2relating to employment; limiting reliance on criminal history for employment
1.3purposes; providing for remedies;amending Minnesota Statutes 2012, sections
1.4181.981, subdivision 1; 364.021; 364.06; 364.09; 364.10.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, 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 2012, 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 criminal record
1.22or criminal history of an applicant forpublic employment until the applicant has been
1.23selected for an interview by the employer.
2.1(b) This section does not apply to the Department of Corrections or topublic
2.2 employers 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.
2.8 Sec. 3. Minnesota Statutes 2012, section 364.06, is amended to read:
2.9364.06 VIOLATIONS,; PROCEDURE; REMEDIES.
2.10 Subdivision 1. Public employers. Any complaints or grievances concerning
2.11violations of sections364.01 to
364.10 by public employers shall be processed and
2.12adjudicated in accordance with the procedures set forth in chapter 14, the Administrative
2.13Procedure Act.
2.14 Subd. 2. Private employers. In addition to other remedies provided by law, an
2.15individual injured by a violation of section 364.021 by a private employer may bring a
2.16civil action to recover damages, plus reasonable attorney fees, and obtain injunctive or
2.17equitable relief.
2.18 Sec. 4. Minnesota Statutes 2012, section 364.09, is amended to read:
2.19364.09 EXCEPTIONS.
2.20(a) This chapter does not apply to the licensing process for peace officers; to law
2.21enforcement agencies as defined in section626.84, subdivision 1 , paragraph (f); to fire
2.22protection agencies; to eligibility for a private detective or protective agent license; to the
2.23licensing and background study process under chapters 245A and 245C; to eligibility
2.24for school bus driver endorsements; to eligibility for special transportation service
2.25endorsements; to eligibility for a commercial driver training instructor license, which is
2.26governed by section171.35 and rules adopted under that section; to emergency medical
2.27services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
2.28applicant for the license has been discharged from sentence for a conviction within the ten
2.29years immediately preceding application of a violation of any of the following:
2.30(1) sections609.185 to
609.21 ,
609.221 to
609.223 ,
609.342 to
609.3451 , or
617.23 ,
2.31subdivision 2 or 3;
2.32(2) any provision of chapter 152 that is punishable by a maximum sentence of
2.3315 years or more; or
3.1(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
3.2the scene of an accident, or reckless or careless driving.
3.3This chapter also shall not apply to eligibility for juvenile corrections employment, where
3.4the offense involved child physical or sexual abuse or criminal sexual conduct.
3.5(b) This chapter does not apply to a school district or to eligibility for a license
3.6issued or renewed by the Board of Teaching or the commissioner of education.
3.7(c) Nothing in this section precludes the Minnesota Police and Peace Officers
3.8Training Board or the state fire marshal from recommending policies set forth in this
3.9chapter to the attorney general for adoption in the attorney general's discretion to apply to
3.10law enforcement or fire protection agencies.
3.11(d) This chapter does not apply to a license to practice medicine that has been denied
3.12or revoked by the Board of Medical Practice pursuant to section147.091, subdivision 1a .
3.13(e) This chapter does not apply to any person who has been denied a license to
3.14practice chiropractic or whose license to practice chiropractic has been revoked by the
3.15board in accordance with section148.10, subdivision 7 .
3.16(f) This chapter does not supersede a statutory requirement to conduct a criminal
3.17history background investigation or consider criminal history records in hiring for
3.18particular types of employment.
3.19 Sec. 5. Minnesota Statutes 2012, section 364.10, is amended to read:
3.20364.10 VIOLATION OF CIVIL RIGHTS.
3.21Violation of the rights established in sections364.01 to
364.10 by a public employer
3.22shall constitute a violation of a person's civil rights.
1.3purposes; providing for remedies;amending Minnesota Statutes 2012, sections
1.4181.981, subdivision 1; 364.021; 364.06; 364.09; 364.10.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, 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; or
1.17(4) the action is based solely upon the employer's compliance with section 364.021.
1.18 Sec. 2. Minnesota Statutes 2012, 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 criminal record
1.22or criminal history of an applicant for
1.23selected for an interview by the employer.
2.1(b) This section does not apply to the Department of Corrections or to
2.2 employers 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.
2.8 Sec. 3. Minnesota Statutes 2012, section 364.06, is amended to read:
2.9364.06 VIOLATIONS
2.10 Subdivision 1. Public employers. Any complaints or grievances concerning
2.11violations of sections
2.12adjudicated in accordance with the procedures set forth in chapter 14, the Administrative
2.13Procedure Act.
2.14 Subd. 2. Private employers. In addition to other remedies provided by law, an
2.15individual injured by a violation of section 364.021 by a private employer may bring a
2.16civil action to recover damages, plus reasonable attorney fees, and obtain injunctive or
2.17equitable relief.
2.18 Sec. 4. Minnesota Statutes 2012, section 364.09, is amended to read:
2.19364.09 EXCEPTIONS.
2.20(a) This chapter does not apply to the licensing process for peace officers; to law
2.21enforcement agencies as defined in section
2.22protection agencies; to eligibility for a private detective or protective agent license; to the
2.23licensing and background study process under chapters 245A and 245C; to eligibility
2.24for school bus driver endorsements; to eligibility for special transportation service
2.25endorsements; to eligibility for a commercial driver training instructor license, which is
2.26governed by section
2.27services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
2.28applicant for the license has been discharged from sentence for a conviction within the ten
2.29years immediately preceding application of a violation of any of the following:
2.30(1) sections
2.31subdivision 2 or 3;
2.32(2) any provision of chapter 152 that is punishable by a maximum sentence of
2.3315 years or more; or
3.1(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
3.2the scene of an accident, or reckless or careless driving.
3.3This chapter also shall not apply to eligibility for juvenile corrections employment, where
3.4the offense involved child physical or sexual abuse or criminal sexual conduct.
3.5(b) This chapter does not apply to a school district or to eligibility for a license
3.6issued or renewed by the Board of Teaching or the commissioner of education.
3.7(c) Nothing in this section precludes the Minnesota Police and Peace Officers
3.8Training Board or the state fire marshal from recommending policies set forth in this
3.9chapter to the attorney general for adoption in the attorney general's discretion to apply to
3.10law enforcement or fire protection agencies.
3.11(d) This chapter does not apply to a license to practice medicine that has been denied
3.12or revoked by the Board of Medical Practice pursuant to section
3.13(e) This chapter does not apply to any person who has been denied a license to
3.14practice chiropractic or whose license to practice chiropractic has been revoked by the
3.15board in accordance with section
3.16(f) This chapter does not supersede a statutory requirement to conduct a criminal
3.17history background investigation or consider criminal history records in hiring for
3.18particular types of employment.
3.19 Sec. 5. Minnesota Statutes 2012, section 364.10, is amended to read:
3.20364.10 VIOLATION OF CIVIL RIGHTS.
3.21Violation of the rights established in sections
3.22shall constitute a violation of a person's civil rights.
