HF 798

as introduced - 91st Legislature (2019 - 2020) Posted on 02/07/2019 02:07pm

A bill for an act
relating to data practices; authorizing disclosure to complainant of certain personnel
data regarding status of sexual harassment investigations; amending Minnesota
Statutes 2018, section 13.43, subdivision 8.

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

Section 1.

Minnesota Statutes 2018, section 13.43, subdivision 8, is amended to read:

Subd. 8.

Harassment data.

new text begin (a) new text end When allegations of sexual or other types of harassment
are made against an employee, the employee deleted text begin does deleted text end new text begin shall new text end not have access to data that would
identify the complainant or other witnesses if the responsible authority determines that the
employee's access to that data would:

(1) threaten the personal safety of the complainant or a witness; or

(2) subject the complainant or witness to harassment.

If a disciplinary proceeding is initiated against the employee, data on the complainant
or witness shall be available to the employee as may be necessary for the employee to
prepare for the proceeding.

new text begin (b) In addition to data that is public under subdivision 2, the following private personnel
data regarding allegations of harassment may be disclosed to the complainant:
new text end

new text begin (1) whether the allegations were substantiated; and
new text end

new text begin (2) whether the allegations resulted in disciplinary or nondisciplinary corrective action.
new text end

new text begin A complainant who receives private personnel data under this paragraph may not further
release the data except to a court; law enforcement agency; prosecuting authority; federal,
state, or local civil rights enforcement authority; or an attorney representing the complainant
when the data is relevant to obtaining a restraining order or to enable the complainant to
pursue other legal remedies.
new text end