HF 2016

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 02:47pm

A bill for an act
relating to employment; modifying the consideration of criminal records;
amending Minnesota Statutes 2013 Supplement, section 364.021.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 364.021, is amended to read:

364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF
CRIMINAL RECORDS.

(a) A public or private employer may not inquire into or consider or require
disclosure of the criminal record or criminal history of an applicant for employment until
the applicant has been selected for an interview by the employer or, if there is not an
interview, before a conditional offer of employment is made to the applicant.

(b) This section does not apply to new text begin : new text end deleted text begin the Department of Corrections or to employers
who have a statutory duty to conduct a criminal history background check or otherwise
take into consideration a potential employee's criminal history during the hiring process.
deleted text end

new text begin (1) the Department of Corrections;
new text end

new text begin (2) positions of employment that allow access to confidential financial information
or financial transactions;
new text end

new text begin (3) positions of employment that allow access to or interaction with minor children; or
new text end

new text begin (4) employers who have a statutory duty to conduct a criminal history background
check or otherwise take into consideration a potential employee's criminal history during
the hiring process.
new text end

(c) This section does not prohibit an employer from notifying applicants that law
or the employer's policy will disqualify an individual with a particular criminal history
background from employment in particular positions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end