SF 538

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

A bill for an act
relating to public safety; addressing the consideration of a job applicant's criminal
history during the public employment hiring process; proposing coding for new
law in Minnesota Statutes, chapter 364.

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

Section 1.

new text begin [364.021] PUBLIC EMPLOYMENT; CONSIDERATION OF
CRIMINAL RECORDS.
new text end

new text begin (a) A public employer may not inquire into or consider the criminal record or
criminal history of an applicant for public employment until the applicant has been
selected for an interview by the employer.
new text end

new text begin (b) This section does not apply to the Department of Corrections or to public
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

new text begin (c) This section does not prohibit a public 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 end