SF 1438

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to public safety; expanding the protection 
  1.3             against employer retaliation for crime victims; 
  1.4             amending Minnesota Statutes 2004, sections 518B.01, by 
  1.5             adding a subdivision; 609.748, by adding a 
  1.6             subdivision; 611A.036. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2004, section 518B.01, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 23.  [PROHIBITION AGAINST EMPLOYER RETALIATION.] (a) 
  1.11  An employer shall not discharge, discipline, threaten, otherwise 
  1.12  discriminate against, or penalize an employee regarding the 
  1.13  employee's compensation, terms, conditions, location, or 
  1.14  privileges of employment, because the employee took reasonable 
  1.15  time off from work to obtain or attempt to obtain relief under 
  1.16  this chapter.  Except in cases of imminent danger to the health 
  1.17  or safety of the employee or the employee's child, an employee 
  1.18  who is absent from the workplace shall give reasonable advance 
  1.19  notice to the employer.  Upon request of the employer, the 
  1.20  employee shall provide verification that supports the employee's 
  1.21  reason for being absent from the workplace.  All information 
  1.22  related to the employee's leave pursuant to this section shall 
  1.23  be kept confidential by the employer. 
  1.24     (b) An employer who violates paragraph (a) is guilty of a 
  1.25  misdemeanor and may be punished for contempt of court.  In 
  1.26  addition, the court shall order the employer to pay back wages 
  2.1   and offer job reinstatement to any employee discharged from 
  2.2   employment in violation of paragraph (a). 
  2.3      (c) In addition to any remedies otherwise provided by law, 
  2.4   an employee injured by a violation of paragraph (a) may bring a 
  2.5   civil action for recovery of damages, together with costs and 
  2.6   disbursements, including reasonable attorney's fees, and may 
  2.7   receive such injunctive and other equitable relief, including 
  2.8   reinstatement, as determined by the court.  Total damages 
  2.9   recoverable under this subdivision shall not exceed lost wages 
  2.10  for six weeks.  
  2.11     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  2.12  and applies to crimes committed on or after that date. 
  2.13     Sec. 2.  Minnesota Statutes 2004, section 609.748, is 
  2.14  amended by adding a subdivision to read: 
  2.15     Subd. 10.  [PROHIBITION AGAINST EMPLOYER RETALIATION.] (a) 
  2.16  An employer shall not discharge, discipline, threaten, otherwise 
  2.17  discriminate against, or penalize an employee regarding the 
  2.18  employee's compensation, terms, conditions, location, or 
  2.19  privileges of employment, because the employee took reasonable 
  2.20  time off from work to obtain or attempt to obtain relief under 
  2.21  this section.  Except in cases of imminent danger to the health 
  2.22  or safety of the employee or the employee's child, an employee 
  2.23  who is absent from the workplace shall give reasonable advance 
  2.24  notice to the employer.  Upon request of the employer, the 
  2.25  employee shall provide verification that supports the employee's 
  2.26  reason for being absent from the workplace.  All information 
  2.27  related to the employee's leave pursuant to this section shall 
  2.28  be kept confidential by the employer. 
  2.29     (b) An employer who violates paragraph (a) is guilty of a 
  2.30  misdemeanor and may be punished for contempt of court.  In 
  2.31  addition, the court shall order the employer to pay back wages 
  2.32  and offer job reinstatement to any employee discharged from 
  2.33  employment in violation of paragraph (a). 
  2.34     (c) In addition to any remedies otherwise provided by law, 
  2.35  an employee injured by a violation of paragraph (a) may bring a 
  2.36  civil action for recovery of damages, together with costs and 
  3.1   disbursements, including reasonable attorney's fees, and may 
  3.2   receive such injunctive and other equitable relief, including 
  3.3   reinstatement, as determined by the court.  Total damages 
  3.4   recoverable under this subdivision shall not exceed lost wages 
  3.5   for six weeks.  
  3.6      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  3.7   and applies to crimes committed on or after that date. 
  3.8      Sec. 3.  Minnesota Statutes 2004, section 611A.036, is 
  3.9   amended to read: 
  3.10     611A.036 [PROHIBITION AGAINST EMPLOYER RETALIATION.] 
  3.11     Subdivision 1.  [VICTIM OR WITNESS.] An employer or 
  3.12  employer's agent who threatens to discharge or discipline must 
  3.13  allow a victim or witness, or who discharges, disciplines, or 
  3.14  causes a victim or witness to be discharged from employment or 
  3.15  disciplined because the victim or the witness who is subpoenaed 
  3.16  or requested by the prosecutor to attend court for the purpose 
  3.17  of giving testimony, is guilty of a misdemeanor and may be 
  3.18  punished for contempt of court.  In addition, the court shall 
  3.19  order the employer to offer job reinstatement to any victim or 
  3.20  witness discharged from employment in violation of this section, 
  3.21  and to pay the victim or witness back wages as 
  3.22  appropriate reasonable time off from work to attend criminal 
  3.23  proceedings related to the victim's case. 
  3.24     Subd. 2.  [VICTIM'S SPOUSE OR NEXT OF KIN.] An employer 
  3.25  must allow a victim of a heinous crime, as well as the victim's 
  3.26  spouse or next of kin, reasonable time off from work to attend 
  3.27  criminal proceedings related to the victim's case. 
  3.28     Subd. 3.  [PROHIBITED ACTS.] An employer shall not 
  3.29  discharge, discipline, threaten, otherwise discriminate against, 
  3.30  or penalize an employee regarding the employee's compensation, 
  3.31  terms, conditions, location, or privileges of employment, 
  3.32  because the employee took reasonable time off from work to 
  3.33  attend a criminal proceeding pursuant to this section. 
  3.34     Subd. 4.  [VERIFICATION; CONFIDENTIALITY.] An employee who 
  3.35  is absent from the workplace shall give reasonable advance 
  3.36  notice to the employer, unless an emergency prevents the 
  4.1   employee from doing so.  Upon request of the employer, the 
  4.2   employee shall provide verification that supports the employee's 
  4.3   reason for being absent from the workplace.  All information 
  4.4   related to the employee's leave pursuant to this section shall 
  4.5   be kept confidential by the employer. 
  4.6      Subd. 5.  [PENALTY.] An employer who violates this section 
  4.7   is guilty of a misdemeanor and may be punished for contempt of 
  4.8   court.  In addition, the court shall order the employer to offer 
  4.9   job reinstatement to any employee discharged from employment in 
  4.10  violation of this section, and to pay the employee back wages as 
  4.11  appropriate. 
  4.12     Subd. 6.  [CIVIL ACTION.] In addition to any remedies 
  4.13  otherwise provided by law, an employee injured by a violation of 
  4.14  this section may bring a civil action for recovery for damages, 
  4.15  together with costs and disbursements, including reasonable 
  4.16  attorney's fees, and may receive such injunctive and other 
  4.17  equitable relief, including reinstatement, as determined by the 
  4.18  court.  Total damages recoverable under this section shall not 
  4.19  exceed lost wages for six weeks. 
  4.20     Subd. 7.  [DEFINITION.] As used in this section, "heinous 
  4.21  crime" means: 
  4.22     (1) a violation or attempted violation of section 609.185 
  4.23  or 609.19; 
  4.24     (2) a violation of section 609.195 or 609.221; or 
  4.25     (3) a violation of section 609.342, 609.343, or 609.344, if 
  4.26  the offense was committed with force or violence or if the 
  4.27  complainant was a minor at the time of the offense. 
  4.28     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  4.29  and applies to crimes committed on or after that date.