HF 1070

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 certain 
  1.3             employment-related disclosures; proposing coding for 
  1.4             new law in Minnesota Statutes, chapter 181. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [181.98] [REFERENCE CHECKS; EMPLOYER IMMUNITY.] 
  1.7      Subdivision 1.  [IMMUNITY FOR EMPLOYERS.] (a) An employer, 
  1.8   designated employee, or agent who discloses job-related 
  1.9   information, as described in paragraphs (b) and (c), regarding a 
  1.10  former or current employee to a prospective employer shall be 
  1.11  absolutely immune from civil liability for the disclosure. 
  1.12     (b) Immunity shall apply to the disclosure of the following 
  1.13  information: 
  1.14     (1) dates of employment; 
  1.15     (2) pay level and wage history; and 
  1.16     (3) job description and duties. 
  1.17     (c) Immunity shall apply to the written disclosure of the 
  1.18  following information when the request for information is made 
  1.19  in writing and includes the current or former employee's signed 
  1.20  authorization: 
  1.21     (1) written employee evaluations which were conducted prior 
  1.22  to the employee's separation from the employer; 
  1.23     (2) reasons for employee's separation from service; and 
  1.24     (3) whether the separation was voluntary or involuntary. 
  1.25     (d) A copy of the written response must be given to the 
  2.1   current or former employee upon request. 
  2.2      Subd. 2.  [EXCEPTION.] Immunity granted under this section 
  2.3   does not preclude a claim arising under chapter 363. 
  2.4      Subd. 3.  [APPLICABILITY.] This section applies to causes 
  2.5   of action arising on or after August 1, 1997.