HF 1362

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; providing immunity for certain 
  1.3             employment-related disclosures to intermediate care 
  1.4             facilities for persons with mental retardation or 
  1.5             related conditions; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 256B. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [256B.5016] [REFERENCE CHECKS; ICF/MR 
  1.9   FACILITIES.] 
  1.10     Subdivision 1.  [IMMUNITY.] (a) An employer, designated 
  1.11  employee, or agent of a firm who discloses job-related 
  1.12  information, as described in paragraph (b), regarding a former 
  1.13  or current employee to an intermediate care facility for persons 
  1.14  with mental retardation or related conditions that is a 
  1.15  prospective employer of the employee shall be immune from civil 
  1.16  liability for the disclosure. 
  1.17     (b) Immunity shall apply to the disclosure of the following 
  1.18  information: 
  1.19     (1) dates of employment; 
  1.20     (2) pay level and wage history; 
  1.21     (3) job description and duties; 
  1.22     (4) written employee evaluations which were conducted prior 
  1.23  to the employee's separation from the employer; 
  1.24     (5) reasons for the employee's separation from service; and 
  1.25     (6) whether the separation was voluntary or involuntary. 
  1.26     Subd. 2.  [EXCEPTION.] Immunity granted under this section 
  2.1   does not preclude a claim arising under chapter 363. 
  2.2      Subd. 3.  [APPLICABILITY.] This section applies to causes 
  2.3   of action arising on or after August 1, 2001.