HF 3660

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to the military; prohibiting discrimination in employment against the
immediate family member of any service member; permitting civil actions;
providing penalties; amending Minnesota Statutes 2006, section 192.34.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 192.34, is amended to read:

192.34 DISCRIMINATION WITH RESPECT TO EMPLOYMENT.

new text begin Subdivision 1. new text end

new text begin Service member. new text end

It shall be unlawful for any employer to discharge
any person from employment because of membership in the military or naval forces of
the United States, of this state, or any other state, or to hinder or prevent any person from
performing any military service that person may be called upon to perform by proper
authority, or to dissuade any person from enlistment in the military service by threat or
injury, in case that person shall so enlist, in respect to that person's employment, trade
or business. deleted text begin Any person violating any of the provisions of this section shall be deemed
guilty of a gross misdemeanor.
deleted text end

new text begin Subd. 2. new text end

new text begin Family of service member. new text end

new text begin It shall be unlawful for any employer to:
new text end

new text begin (1) discharge from employment or take adverse employment action against any
employee because of the membership of that employee's spouse, parent, or child in the
military forces of the United States, of this state, or any other state;
new text end

new text begin (2) discharge from employment, take adverse employment action against, or
otherwise hinder an employee from attending the following kinds of events relating to the
military service of the employee's spouse, parent, or child and to which the employee is
invited or otherwise called upon to attend by proper military authorities:
new text end

new text begin (i) departure or return ceremonies for deploying or returning military personnel
or units;
new text end

new text begin (ii) family training or readiness events sponsored or conducted by the military; and
new text end

new text begin (iii) events held as part of official military reintegration programs.
new text end

new text begin The employee must provide reasonable notice to the employer when requesting time off.
The employer must provide a reasonable amount of nonpaid time off for the employee.
The employer must not compel the employee to use accumulated but unused vacation
for these events.
new text end

new text begin Subd. 3. new text end

new text begin Action for damages. new text end

new text begin An employer who violates this section is liable to a
person who suffers damage as a result of the violation. The person damaged may bring an
action against the employer to cover any damages sustained, plus costs and reasonable
attorney fees.
new text end

new text begin Subd. 4. new text end

new text begin Criminal penalty. new text end

new text begin Violation of this section is a gross misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to
violations occurring on or after that date.
new text end