Bill Text: MN HF50 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Criminal history reliance modified for employment requirements.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-01-14 - Author added Kahn [HF50 Detail]
Download: Minnesota-2013-HF50-Introduced.html
1.2relating to employment; modifying reliance on criminal history for employment
1.3requirements;amending Minnesota Statutes 2012, sections 181.981, subdivision
1.41; 364.021.
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.
1.18EFFECTIVE DATE.This section is effective the day following final enactment.
1.19 Sec. 2. Minnesota Statutes 2012, section 364.021, is amended to read:
1.20364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF
1.21CRIMINAL RECORDS.
2.1(a) A public or private employer may not inquire into or consider the criminal record
2.2or criminal history of an applicant forpublic employment until the applicant has been
2.3selected for an interview by the employer.
2.4(b) This section does not apply to the Department of Corrections or topublic
2.5 employers who have a statutory duty to conduct a criminal history background check
2.6or otherwise take into consideration a potential employee's criminal history during the
2.7hiring process.
2.8(c) This section does not prohibita public an employer from notifying applicants
2.9that law or the employer's policy will disqualify an individual with a particular criminal
2.10history background from employment in particular positions.
2.11EFFECTIVE DATE.This section is effective the day following final enactment.
1.3requirements;amending Minnesota Statutes 2012, sections 181.981, subdivision
1.41; 364.021.
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.
1.18EFFECTIVE DATE.This section is effective the day following final enactment.
1.19 Sec. 2. Minnesota Statutes 2012, section 364.021, is amended to read:
1.20364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF
1.21CRIMINAL RECORDS.
2.1(a) A public or private employer may not inquire into or consider the criminal record
2.2or criminal history of an applicant for
2.3selected for an interview by the employer.
2.4(b) This section does not apply to the Department of Corrections or to
2.5 employers who have a statutory duty to conduct a criminal history background check
2.6or otherwise take into consideration a potential employee's criminal history during the
2.7hiring process.
2.8(c) This section does not prohibit
2.9that law or the employer's policy will disqualify an individual with a particular criminal
2.10history background from employment in particular positions.
2.11EFFECTIVE DATE.This section is effective the day following final enactment.
