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 to181.935181.936, 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.