SF 1885

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 10/25/2023 10:21am

A bill for an act
relating to human rights; prohibiting employers from inquiring about past pay;
amending Minnesota Statutes 2022, section 363A.08, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 363A.08, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Inquiries into pay history prohibited. new text end

new text begin (a) "Pay history" as used in this
subdivision means any prior or current wage, salary, earnings, benefits, or any other
compensation about an applicant for employment.
new text end

new text begin (b) An employer, employment agency, or labor organization shall not inquire into,
consider, or require disclosure from any source the pay history of an applicant for
employment for the purpose of determining wages, salary, earnings, benefits, or other
compensation for that applicant. The general prohibition against inquiring into the pay
history of an applicant does not apply if the job applicant's pay history is a matter of public
record under federal or state law, unless the employer, employment agency, or labor
organization sought access to those public records with the intent of obtaining pay history
of the applicant for the purpose of determining wages, salary, earnings, benefits, or other
compensation for that applicant.
new text end

new text begin (c) Nothing in this subdivision shall prevent an applicant for employment from voluntarily
and without asking, encouraging, or prompting disclosing pay history for the purposes of
negotiating wages, salary, benefits, or other compensation. If an applicant for employment
voluntarily and without asking, encouraging, or prompting discloses pay history to a
prospective employer, employment agency, or labor organization, nothing in this subdivision
shall prohibit that employer, employment agency, or labor organization from considering
or acting on that voluntarily disclosed salary history information to support a wage or salary
higher than initially offered by the employer, employment agency, or labor organization.
new text end

new text begin (d) Nothing in this subdivision limits, prohibits, or prevents a person from bringing a
charge, grievance, or any other cause of action alleging wage discrimination because of
race, color, creed, religion, national origin, sex, gender identity, marital status, status with
regard to public assistance, familial status, membership or activity in a local commission,
disability, sexual orientation, or age, as otherwise provided in this chapter.
new text end

new text begin (e) Nothing in this subdivision shall be construed to prevent an employer from:
new text end

new text begin (1) providing information about the wages, benefits, compensation, or salary offered in
relation to a position; or
new text end

new text begin (2) inquiring about or otherwise engaging in discussions with an applicant about the
applicant's expectations or requests with respect to wages, salary, benefits, or other
compensation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024. For employment covered
by collective bargaining agreements, this section is not effective until the date of
implementation of the applicable collective bargaining agreement that is after January 1,
2024.
new text end