Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 181-S.F.No. 1034 
           An act relating to civil actions; increasing penalties 
          for retaliation by employers under the child abuse and 
          vulnerable adults reporting acts; amending Minnesota 
          Statutes 1990, sections 626.556, subdivision 4a; and 
          626.557, subdivision 17. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 626.556, 
subdivision 4a, is amended to read: 
    Subd. 4a.  [RETALIATION PROHIBITED.] (a) An employer of any 
person required to make reports under subdivision 3 shall not 
retaliate against the person for reporting in good faith abuse 
or neglect pursuant to this section, or against a child with 
respect to whom a report is made, because of the report.  
    (b) The employer of any person required to report under 
subdivision 3 who retaliates against the person because of a 
report of abuse or neglect is liable to that person for actual 
damages and, in addition, a penalty up to $1,000 $10,000.  
    (c) There shall be a rebuttable presumption that any 
adverse action within 90 days of a report is retaliatory.  For 
purposes of this paragraph, the term "adverse action" refers to 
action taken by an employer of a person required to report under 
subdivision 3 which is involved in a report against the person 
making the report or the child with respect to whom the report 
was made because of the report, and includes, but is not limited 
to:  
    (1) discharge, suspension, termination, or transfer from 
the facility, institution, school, or agency; 
    (2) discharge from or termination of employment; 
    (3) demotion or reduction in remuneration for services; or 
    (4) restriction or prohibition of access to the facility, 
institution, school, agency, or persons affiliated with it.  
    Sec. 2.  Minnesota Statutes 1990, section 626.557, 
subdivision 17, is amended to read: 
    Subd. 17.  [RETALIATION PROHIBITED.] (a) A facility or 
person shall not retaliate against any person who reports in 
good faith suspected abuse or neglect pursuant to this section, 
or against a vulnerable adult with respect to whom a report is 
made, because of the report.  
    (b) Any facility or person which retaliates against any 
person because of a report of suspected abuse or neglect is 
liable to that person for actual damages and, in addition, a 
penalty up to $1,000 $10,000.  
    (c) There shall be a rebuttable presumption that any 
adverse action, as defined below, within 90 days of a report, is 
retaliatory.  For purposes of this clause, the term "adverse 
action" refers to action taken by a facility or person involved 
in a report against the person making the report or the person 
with respect to whom the report was made because of the report, 
and includes, but is not limited to:  
    (1) Discharge or transfer from the facility; 
    (2) Discharge from or termination of employment; 
    (3) Demotion or reduction in remuneration for services; 
    (4) Restriction or prohibition of access to the facility or 
its residents; or 
    (5) Any restriction of rights set forth in section 144.651. 
    Presented to the governor May 21, 1991 
    Signed by the governor May 24, 1991, 5:45 p.m.