SF 752

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; providing immunity for 
  1.3             certain background reference checks; proposing coding 
  1.4             for new law in Minnesota Statutes, chapter 604A. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [604A.301] [REFERENCE CHECKS; EMPLOYER 
  1.7   IMMUNITY.] 
  1.8      Subdivision 1.  [IMMUNITY.] (a) An employer, designated 
  1.9   employee, or agent who discloses information regarding a former 
  1.10  or current employee to a prospective employer is absolutely 
  1.11  immune from civil liability for the disclosure as provided in 
  1.12  paragraphs (b) and (c). 
  1.13     (b) Immunity applies to the written disclosure of the 
  1.14  following information: 
  1.15     (1) dates of employment; 
  1.16     (2) pay level; 
  1.17     (3) job description and duties; and 
  1.18     (4) wage history. 
  1.19     (c) Immunity applies to the written disclosure of the 
  1.20  following information when the request for information is made 
  1.21  in writing and includes the current or former employee's signed 
  1.22  authorization for release of the information: 
  1.23     (1) written employee evaluations that were conducted before 
  1.24  the employee's separation from the employer; and 
  1.25     (2) reasons for the employee's separation from service and 
  2.1   whether the separation was voluntary or involuntary. 
  2.2      (d) Upon request, the former or current employer who 
  2.3   discloses information to a prospective employer shall provide a 
  2.4   copy of the disclosure to the former or current employee. 
  2.5      Subd. 2.  [EXCEPTION; HUMAN RIGHTS ACTIONS.] This section 
  2.6   does not preclude any cause of action under chapter 363. 
  2.7      Sec. 2.  [EFFECTIVE DATE.] 
  2.8      Section 1 is effective August 1, 1997, and applies to 
  2.9   causes of action arising on or after that date.