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SF 4218

as introduced - 91st Legislature (2019 - 2020) Posted on 03/10/2020 09:15am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to employment; prohibiting employers or prospective employers from
requiring or using credit information as a condition of employment or for
employment purposes; amending Minnesota Statutes 2018, section 181.53.

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

Section 1.

Minnesota Statutes 2018, section 181.53, is amended to read:


181.53 CONDITIONS PRECEDENT TO EMPLOYMENT NOT REQUIRED.

new text begin (a) new text endNo person, whether acting directly or through an agent, or as the agent or employee
of another, shall require as a condition precedent to employment any written statement as
to the participation of the applicant in a strike, or as to a personal record, for more than one
year immediately preceding the date of application; nor shall any person, acting in any of
these capacities, use or require blanks or forms of application for employment in
contravention of this section. Nothing in this section precludes an employer from requesting
or considering an applicant's criminal history pursuant to section 364.021 or other applicable
law.

new text begin (b) Except as provided in paragraph (c), no person or employer, whether acting directly
or through an agent, shall seek to obtain; require consent to a request for; or use an employee
or prospective employee's credit information, including the employee or prospective
employee's credit score, credit history, credit account balances, payment history, savings
or checking account balances, or savings or checking account numbers:
new text end

new text begin (1) as a condition precedent to employment;
new text end

new text begin (2) as a basis for hiring, compensation, or any other term, privilege, or condition of
employment; or
new text end

new text begin (3) as a basis for discharge or any other adverse employment action.
new text end

new text begin (c) Paragraph (b) does not apply if:
new text end

new text begin (1) the information sought is required by a state or federal law or regulation;
new text end

new text begin (2) the employer or prospective employer is a financial institution or a credit union;
new text end

new text begin (3) the employer or prospective employer has a bona fide business purpose for requesting
the information that is substantially related to the employee or prospective employee's
position; or
new text end

new text begin (4) the employee or prospective employee's position:
new text end

new text begin (i) is a managerial position that involves setting the financial direction or control of the
employer or prospective employer;
new text end

new text begin (ii) involves routine access to confidential financial and personal information, other than
information customarily provided in a routine retail transaction;
new text end

new text begin (iii) involves regular access to cash totaling $10,000 or more of the employer, prospective
employer, a customer, or a client;
new text end

new text begin (iv) is a peace officer; or
new text end

new text begin (v) requires a financial fiduciary responsibility to the employer, prospective employer,
a customer, or a client, including the authority to issue payments, collect debts, transfer
money, or enter into contracts.
new text end

new text begin (d) In addition to any remedies otherwise provided by law, an employee or prospective
employee injured by a violation of paragraph (b) may bring a civil action to recover any
and all damages recoverable at law, together with costs and disbursements, including
reasonable attorney fees, and may receive such injunctive and other equitable relief as
determined by the court. If the district court determines that a violation of paragraph (b)
occurred, the court may order any appropriate relief, including but not limited to
reinstatement, back pay, restoration of lost service credit, if appropriate, compensatory
damages, and the expungement of any adverse records of an employee or prospective
employee who was the subject of the alleged acts of misconduct.
new text end