HF 1069

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to employment; providing immunity for 
  1.3             references; amending Minnesota Statutes 1996, section 
  1.4             181.931, subdivision 1; proposing coding for new law 
  1.5             in Minnesota Statutes, chapter 181. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 181.931, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [GENERALLY.] For the purpose of sections 
  1.10  181.931 to 181.935 181.936, the terms defined in this section 
  1.11  have the meanings given them. 
  1.12     Sec. 2.  [181.936] [REFERENCES; EMPLOYER IMMUNITY.] 
  1.13     Subdivision 1.  [IMMUNITY.] (a) An employer that discloses 
  1.14  job-related information about a current or former employee is 
  1.15  immune from civil or criminal liability for the disclosure of: 
  1.16     (1) dates of employment; 
  1.17     (2) pay level and wage history; 
  1.18     (3) job description and duties; 
  1.19     (4) training provided by the employer; and 
  1.20     (5) education and other objective achievements reflecting 
  1.21  the employee or former employee's qualifications. 
  1.22     (b) An employer that discloses, in writing, job-related 
  1.23  information about a current or former employee, with the written 
  1.24  authorization of the current or former employee, is immune from 
  1.25  civil or criminal immunity for the disclosure of: 
  2.1      (1) written employee evaluations conducted prior to the 
  2.2   employee's separation from the employer; 
  2.3      (2) disciplinary warnings and actions in the five years 
  2.4   before the date of the authorization; 
  2.5      (3) reasons for a former employee's separation from 
  2.6   service; and 
  2.7      (4) whether the separation was voluntary or involuntary. 
  2.8      On request, the employer shall provide a copy of the 
  2.9   written response to the current or former employee. 
  2.10     (c) A disclosure under this subdivision must be made in 
  2.11  response to an employment-related reference request. 
  2.12     Subd. 2.  [IMMUNITY EXCEPTION.] The immunity granted in 
  2.13  subdivision 1 does not preclude a claim arising under chapter 
  2.14  363. 
  2.15     Subd. 3.  [APPLICABILITY.] This section applies to 
  2.16  disclosures made on or after August 1, 1997.