as introduced - 88th Legislature (2013 - 2014) Posted on 02/18/2013 01:42pm
A bill for an act
relating to employment; limiting reliance on criminal history for employment
purposes; providing for remedies; amending Minnesota Statutes 2012, sections
181.981, subdivision 1; 364.021; 364.06; 364.09; 364.10.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2012, section 181.981, subdivision 1, is amended to read:
regarding a criminal history record of an employee or former employee may not be
introduced as evidence in a civil action against a private employer or its employees or
agents that is based on the conduct of the employee or former employee, if:
(1) the duties of the position of employment did not expose others to a greater degree
of risk than that created by the employee or former employee interacting with the public
outside of the duties of the position or that might be created by being employed in general;
(2) before the occurrence of the act giving rise to the civil action, a court order sealed
any record of the criminal case or the employee or former employee received a pardon; deleted text beginor
deleted text end
(3) the record is of an arrest or charge that did not result in a criminal convictionnew text beginnew text end
new text beginnew text end.
Minnesota Statutes 2012, section 364.021, is amended to read:
(a) A public new text beginnew text endemployer may not inquire into or consider the criminal record
or criminal history of an applicant for deleted text beginpublicdeleted text end employment until the applicant has been
selected for an interview by the employer.
(b) This section does not apply to the Department of Corrections or to deleted text beginpublic
deleted text end 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
(c) This section does not prohibit deleted text begina publicdeleted text end new text beginnew text endemployer 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.
Minnesota Statutes 2012, section 364.06, is amended to read:
Any complaints or grievances concerning
violations of sections 364.01 to 364.10 new text beginnew text endshall be processed and
adjudicated in accordance with the procedures set forth in chapter 14, the Administrative
new text begin new text end
Minnesota Statutes 2012, section 364.09, is amended to read:
(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to eligibility
for school bus driver endorsements; to eligibility for special transportation service
endorsements; to eligibility for a commercial driver training instructor license, which is
governed by section 171.35 and rules adopted under that section; to emergency medical
services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
applicant for the license has been discharged from sentence for a conviction within the ten
years immediately preceding application of a violation of any of the following:
(2) any provision of chapter 152 that is punishable by a maximum sentence of
15 years or more; or
(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.
This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.
(b) This chapter does not apply to a school district or to eligibility for a license
issued or renewed by the Board of Teaching or the commissioner of education.
(c) Nothing in this section precludes the Minnesota Police and Peace Officers
Training Board or the state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney general's discretion to apply to
law enforcement or fire protection agencies.
(d) This chapter does not apply to a license to practice medicine that has been denied
or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
(e) This chapter does not apply to any person who has been denied a license to
practice chiropractic or whose license to practice chiropractic has been revoked by the
board in accordance with section 148.10, subdivision 7.
new text begin new text end