SF 185

as introduced - 90th Legislature (2017 - 2018) Posted on 01/20/2017 08:36am

A bill for an act
relating to employment; prohibiting discrimination against unemployed individuals;
providing for civil penalties; 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 [181.646] DISCRIMINATION AGAINST UNEMPLOYED INDIVIDUALS
PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "employer" means a person who
employs another to perform a service for hire. Employer includes any agent, representative,
or designee of an employer who, for money or other valuable consideration paid or promised
to be paid, performs any recruiting.
new text end

new text begin Subd. 2. new text end

new text begin General prohibition. new text end

new text begin It shall be unlawful for an employer to discriminate
against an individual based on unemployment status by:
new text end

new text begin (1) refusing to consider or refusing to offer employment based on that status; or
new text end

new text begin (2) directing or requesting an employment agency to take into account unemployment
status when screening or referring applicants for employment.
new text end

new text begin Subd. 3. new text end

new text begin Advertisements. new text end

new text begin It shall be unlawful for an employer to publish in print or
post electronically an employment advertisement that includes any of the following:
new text end

new text begin (1) a provision stating or suggesting that current employment is a job qualification;
new text end

new text begin (2) a provision stating or suggesting that an application from a job applicant who is
currently unemployed will not be reviewed and the applicant will not be considered for an
interview or be hired; or
new text end

new text begin (3) a provision stating or suggesting that only applications for employment from
applicants who are currently employed will be considered or reviewed.
new text end

new text begin Subd. 4. new text end

new text begin Exceptions. new text end

new text begin This section does not prohibit:
new text end

new text begin (1) granting a preference in employment decisions to current employees of the employer;
or
new text end

new text begin (2) requiring previous experience that is relevant to the employment.
new text end

new text begin Subd. 5. new text end

new text begin Penalty. new text end

new text begin An employer that violates this section is subject to a civil penalty of
not more than $5,000 for the first violation and not more than $10,000 for each subsequent
violation.
new text end