SF 505

as introduced - 88th Legislature (2013 - 2014) Posted on 02/19/2013 08:25am

A bill for an act
relating to employment; prohibiting employment discrimination based on credit
history; amending Minnesota Statutes 2012, section 363A.08, subdivisions 1, 2,
3, 4; proposing coding for new law in Minnesota Statutes, chapter 181.

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

Section 1.

new text begin [181.9632] PERSONAL CREDIT HISTORY; PROHIBITIONS.
new text end

new text begin An employer shall not inquire into, consider, request, or require any employee or
applicant for employment to furnish, authorize the release of, or otherwise provide to the
employer the employee's or applicant's credit history except when based on a bona fide
occupational qualification or as required by state or federal law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2013.
new text end

Sec. 2.

Minnesota Statutes 2012, section 363A.08, subdivision 1, is amended to read:

Subdivision 1.

Labor organization.

Except when based on a bona fide occupational
qualification, it is an unfair employment practice for a labor organization, because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation, new text begin credit history, new text end or age:

(1) to deny full and equal membership rights to a person seeking membership or
to a member;

(2) to expel a member from membership;

(3) to discriminate against a person seeking membership or a member with respect
to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities,
or privileges of employment; or

(4) to fail to classify properly, or refer for employment or otherwise to discriminate
against a person or member.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2013.
new text end

Sec. 3.

Minnesota Statutes 2012, section 363A.08, subdivision 2, is amended to read:

Subd. 2.

Employer.

Except when based on a bona fide occupational qualification, it
is an unfair employment practice for an employer, because of race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, membership or
activity in a local commission, disability, sexual orientation, new text begin credit history, new text end or age to:

(1) refuse to hire or to maintain a system of employment which unreasonably
excludes a person seeking employment; or

(2) discharge an employee; or

(3) discriminate against a person with respect to hiring, tenure, compensation, terms,
upgrading, conditions, facilities, or privileges of employment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2013.
new text end

Sec. 4.

Minnesota Statutes 2012, section 363A.08, subdivision 3, is amended to read:

Subd. 3.

Employment agency.

Except when based on a bona fide occupational
qualification, it is an unfair employment practice for an employment agency, because of
race, color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation, new text begin credit history, new text end or age to:

(1) refuse or fail to accept, register, classify properly, or refer for employment or
otherwise to discriminate against a person; or

(2) comply with a request from an employer for referral of applicants for
employment if the request indicates directly or indirectly that the employer fails to comply
with the provisions of this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2013.
new text end

Sec. 5.

Minnesota Statutes 2012, section 363A.08, subdivision 4, is amended to read:

Subd. 4.

Employer, employment agency, or labor organization.

(a) Except when
based on a bona fide occupational qualification, it is an unfair employment practice for an
employer, employment agency, or labor organization, before a person is employed by an
employer or admitted to membership in a labor organization, to:

(1) require or request the person to furnish information that pertains to race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation, new text begin credit history, new text end or age; or, subject to section 363A.20, to
require or request a person to undergo physical examination; unless for the sole and
exclusive purpose of national security, information pertaining to national origin is required
by the United States, this state or a political subdivision or agency of the United States or
this state, or for the sole and exclusive purpose of compliance with the Public Contracts Act
or any rule, regulation, or laws of the United States or of this state requiring the information
or examination. A law enforcement agency may, after notifying an applicant for a peace
officer or part-time peace officer position that the law enforcement agency is commencing
the background investigation on the applicant, request the applicant's date of birth, gender,
and race on a separate form for the sole and exclusive purpose of conducting a criminal
history check, a driver's license check, and fingerprint criminal history inquiry. The form
shall include a statement indicating why the data is being collected and what its limited use
will be. No document which has date of birth, gender, or race information will be included
in the information given to or available to any person who is involved in selecting the
person or persons employed other than the background investigator. No person may act
both as background investigator and be involved in the selection of an employee except
that the background investigator's report about background may be used in that selection as
long as no direct or indirect references are made to the applicant's race, age, or gender; or

(2) seek and obtain for purposes of making a job decision, information from any
source that pertains to the person's race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, disability, sexual orientation, new text begin credit history,
new text end or age, unless for the sole and exclusive purpose of compliance with the Public Contracts
Act or any rule, regulation, or laws of the United States or of this state requiring the
information; or

(3) cause to be printed or published a notice or advertisement that relates to
employment or membership and discloses a preference, limitation, specification, or
discrimination based on race, color, creed, religion, national origin, sex, marital status,
status with regard to public assistance, disability, sexual orientation, new text begin credit history, new text end or age.

(b) Any individual who is required to provide information that is prohibited by this
subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28,
subdivisions 1 to 9.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2013.
new text end