Minnesota Legislature
HF 443
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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A bill for an act
relating to public safety; expanding the protection
against employer retaliation for crime victims;
amending Minnesota Statutes 2004, sections 518B.01, by
adding a subdivision; 609.748, by adding a
subdivision; 611A.036.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 518B.01, is
amended by adding a subdivision to read:
Subd. 23.
Prohibition against employer retaliation.
(a)
An employer shall not discharge, discipline, threaten, otherwise
discriminate against, or penalize an employee regarding the
employee's compensation, terms, conditions, location, or
privileges of employment, because the employee took reasonable
time off from work to obtain or attempt to obtain relief under
this chapter. Except in cases of imminent danger to the health
or safety of the employee or his or her child, an employee who
is absent from the workplace shall give reasonable advance
notice to the employer. Upon request of the employer, the
employee shall provide verification that supports the employee's
reason for being absent from the workplace. All information
related to the employee's leave pursuant to this section shall
be kept confidential by the employer.
(b) An employer who violates paragraph (a) is guilty of a
misdemeanor and may be punished for contempt of court. In
addition, the court shall order the employer to pay back wages
and offer job reinstatement to any employee discharged from
employment in violation of paragraph (a).
(c) In addition to any remedies otherwise provided by law,
an employee injured by a violation of paragraph (a) may bring a
civil action for recovery of damages, together with costs and
disbursements, including reasonable attorney's fees, and may
receive such injunctive and other equitable relief, including
reinstatement, as determined by the court. Total damages
recoverable under this subdivision shall not exceed lost wages
for six weeks.
EFFECTIVE DATE.
This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 2.
Minnesota Statutes 2004, section 609.748, is
amended by adding a subdivision to read:
Subd. 10.
Prohibition against employer retaliation.
(a)
An employer shall not discharge, discipline, threaten, otherwise
discriminate against, or penalize an employee regarding the
employee's compensation, terms, conditions, location, or
privileges of employment, because the employee took reasonable
time off from work to obtain or attempt to obtain relief under
this section. Except in cases of imminent danger to the health
or safety of the employee or his or her child, an employee who
is absent from the workplace shall give reasonable advance
notice to the employer. Upon request of the employer, the
employee shall provide verification that supports the employee's
reason for being absent from the workplace. All information
related to the employee's leave pursuant to this section shall
be kept confidential by the employer.
(b) An employer who violates paragraph (a) is guilty of a
misdemeanor and may be punished for contempt of court. In
addition, the court shall order the employer to pay back wages
and offer job reinstatement to any employee discharged from
employment in violation of paragraph (a).
(c) In addition to any remedies otherwise provided by law,
an employee injured by a violation of paragraph (a) may bring a
civil action for recovery of damages, together with costs and
disbursements, including reasonable attorney's fees, and may
receive such injunctive and other equitable relief, including
reinstatement, as determined by the court. Total damages
recoverable under this subdivision shall not exceed lost wages
for six weeks.
EFFECTIVE DATE.
This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 3.
Minnesota Statutes 2004, section 611A.036, is
amended to read:
611A.036 PROHIBITION AGAINST EMPLOYER RETALIATION.
Subdivision 1.
Victim or witness.
An employer or
employer's agent who threatens to discharge or discipline must
allow a victim or witness, or who discharges, disciplines, or
causes a victim or witness to be discharged from employment or
disciplined because the victim or the witness who is subpoenaed
or requested by the prosecutor to attend court for the purpose
of giving testimony, is guilty of a misdemeanor and may be
punished for contempt of court. In addition, the court shall
order the employer to offer job reinstatement to any victim or
witness discharged from employment in violation of this section,
and to pay the victim or witness back wages as
appropriate reasonable time off from work to attend criminal
proceedings related to the victim's case.
Subd. 2.[VICTIM'S SPOUSE OR NEXT OF KIN.] An employer
must allow a victim of a heinous crime, as well as his or her
spouse or next of kin, reasonable time off from work to attend
criminal proceedings related to the victim's case.
Subd. 3.
Prohibited acts.
An employer shall not
discharge, discipline, threaten, otherwise discriminate against,
or penalize an employee regarding the employee's compensation,
terms, conditions, location, or privileges of employment,
because the employee took reasonable time off from work to
attend a criminal proceeding pursuant to this section.
Subd. 4.
Verification; confidentiality.
An employee who
is absent from the workplace shall give reasonable advance
notice to the employer, unless an emergency prevents the
employee from doing so. Upon request of the employer, the
employee shall provide verification that supports the employee's
reason for being absent from the workplace. All information
related to the employee's leave pursuant to this section shall
be kept confidential by the employer.
Subd. 5.
Penalty.
An employer who violates this section
is guilty of a misdemeanor and may be punished for contempt of
court. In addition, the court shall order the employer to offer
job reinstatement to any employee discharged from employment in
violation of this section, and to pay the employee back wages as
appropriate.
Subd. 6.
Civil action.
In addition to any remedies
otherwise provided by law, an employee injured by a violation of
this section may bring a civil action for recovery for damages,
together with costs and disbursements, including reasonable
attorney's fees, and may receive such injunctive and other
equitable relief, including reinstatement, as determined by the
court. Total damages recoverable under this section shall not
exceed lost wages for six weeks.
Subd. 7.
Definition.
As used in this section, "heinous
crime" means:
(1) a violation or attempted violation of section 609.185
or 609.19;
(2) a violation of section 609.195 or 609.221; or
(3) a violation of section 609.342, 609.343, or 609.344, if
the offense was committed with force or violence or if the
complainant was a minor at the time of the offense.
EFFECTIVE DATE.
This section is effective August 1, 2005,
and applies to crimes committed on or after that date.