1.1                          A bill for an act 
  1.2             relating to employment; providing protection for 
  1.3             disclosure of job reference information; proposing 
  1.4             coding for new law in Minnesota Statutes, chapter 181. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [181.967] [EMPLOYMENT REFERENCES.] 
  1.7      Subdivision 1.  [CAUSES OF ACTION.] No action may be 
  1.8   brought against an employer, designated employee, or agent who 
  1.9   discloses information about a current or former employee to a 
  1.10  prospective employer as provided under this section, unless the 
  1.11  employee or former employee demonstrates by clear and convincing 
  1.12  evidence that: 
  1.13     (1) the information was false and defamatory; 
  1.14     (2) the employer knew the information was false and acted 
  1.15  with malicious intent to injure the current or former employee; 
  1.16  and 
  1.17     (3) the information was acted upon by the prospective 
  1.18  employer in a manner that caused harm to the current or former 
  1.19  employee. 
  1.20     Subd. 2.  [EMPLOYMENT REFERENCE INFORMATION DISCLOSURE.] (a)
  1.21  Upon request, an employer may disclose the following information 
  1.22  about one of its current or former employees to a prospective 
  1.23  employer: 
  1.24     (1) dates of employment; 
  1.25     (2) compensation and wage history; 
  2.1      (3) job description and duties; 
  2.2      (4) training and education provided by the employer; 
  2.3      (5) all acts of violence, theft, harassment, or illegal 
  2.4   conduct documented in the personnel record which resulted in 
  2.5   disciplinary action or resignation; and 
  2.6      (6) for public employees, public personnel data on 
  2.7   individuals listed in section 13.43, subdivision 2. 
  2.8      (b) With the written authorization of the current or former 
  2.9   employee, an employer may also disclose the following 
  2.10  information in writing to a prospective employer: 
  2.11     (1) written employee evaluations conducted prior to the 
  2.12  employee's separation from the employer, and the employee's 
  2.13  written response, if any, contained in the employee's personnel 
  2.14  record; 
  2.15     (2) disciplinary warnings and actions in the five years 
  2.16  before the date of the authorization, and the employee's written 
  2.17  response, if any, contained in the employee's personnel record; 
  2.18  and 
  2.19     (3) reasons for separation from employment. 
  2.20     (c) An employer must provide a copy of a disclosure made 
  2.21  under paragraph (b) to a current or former employee upon request.
  2.22     Sec. 2.  [EFFECTIVE DATE.] 
  2.23     Section 1 is effective August 1, 1999, and applies to 
  2.24  causes of action arising on or after that date.