1.1                          A bill for an act 
  1.2             relating to employment; providing protection for 
  1.3             disclosure of job reference information; amending 
  1.4             Minnesota Statutes 1998, sections 181.960, subdivision 
  1.5             2; and 181.961, subdivision 1; proposing coding for 
  1.6             new law in Minnesota Statutes, chapter 604A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 181.960, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [EMPLOYEE.] "Employee" means a person who 
  1.11  performs services for hire for an employer, provided that the 
  1.12  services have been performed predominately within this state.  
  1.13  The term includes any person who has been separated from 
  1.14  employment ~~for less than one year~~.  The term does not include an 
  1.15  independent contractor. 
  1.16     Sec. 2.  Minnesota Statutes 1998, section 181.961, 
  1.17  subdivision 1, is amended to read: 
  1.18     Subdivision 1.  [RIGHT TO REVIEW; FREQUENCY.] Upon written 
  1.19  request by an employee, the employer shall provide the employee 
  1.20  with an opportunity to review the employee's personnel record.  
  1.21  An employer is not required to provide an employee with an 
  1.22  opportunity to review the employee's personnel record if the 
  1.23  employee has reviewed the personnel record during the previous 
  1.24  six months; except that, upon separation from employment, an 
  1.25  employee may review the employee's personnel record ~~only~~ once at 
  1.26  any time within one year after separation, and at any time after 
  2.1   that if it has been at least one year since the employee 
  2.2   previously reviewed the record.  Nothing in this subdivision 
  2.3   requires an employer to maintain a personnel record for more 
  2.4   than one year after an employee is separated from employment. 
  2.5      Sec. 3.  [604A.302] [EMPLOYMENT REFERENCES.] 
  2.6      Subdivision 1.  [CAUSES OF ACTION.] No action may be 
  2.7   maintained by a current or former employee against an employer, 
  2.8   designated employee, or agent who discloses information listed 
  2.9   in subdivision 2 about a current or former employee to a 
  2.10  prospective employer or employment agency as provided under this 
  2.11  section, unless the employee or former employee demonstrates by 
  2.12  clear and convincing evidence that: 
  2.13     (1) the information was false and defamatory; and 
  2.14     (2) the employer knew or should have known the information 
  2.15  was false and acted with malicious intent to injure the current 
  2.16  or former employee.  
  2.17     Subd. 2.  [EMPLOYMENT REFERENCE INFORMATION DISCLOSURE.] (a)
  2.18  Upon written request, an employer may disclose the following 
  2.19  information about one of its current or former employees to a 
  2.20  prospective employer: 
  2.21     (1) dates of employment; 
  2.22     (2) compensation and wage history; 
  2.23     (3) job description and duties; 
  2.24     (4) training and education provided by the employer; and 
  2.25     (5) all acts of violence, theft, harassment, or illegal 
  2.26  conduct documented in the personnel record that resulted in 
  2.27  disciplinary action or resignation; when making any disclosure 
  2.28  pursuant to this clause, the employer must provide the employee 
  2.29  or former employee with a copy of the information disclosed and 
  2.30  to whom it was disclosed. 
  2.31     (b) Upon request, a public employer may disclose public 
  2.32  personnel data on an individual listed in section 13.43, 
  2.33  subdivision 2, about one of its current or former employees, to 
  2.34  a prospective employer.  
  2.35     (c) With the written authorization of the current or former 
  2.36  employee, an employer may also disclose the following 
  3.1   information in writing to a prospective employer: 
  3.2      (1) written job performance evaluations conducted prior to 
  3.3   the employee's separation from the employer, and the employee's 
  3.4   written response, if any, contained in the employee's personnel 
  3.5   record; 
  3.6      (2) written disciplinary warnings and actions in the five 
  3.7   years before the date of the authorization, and the employee's 
  3.8   written response, if any, contained in the employee's personnel 
  3.9   record; and 
  3.10     (3) reasons for separation from employment. 
  3.11     (d) An employer must provide a current or former employee 
  3.12  with a copy of a disclosure made under paragraph (c) and to whom 
  3.13  it was disclosed. 
  3.14     (e) A prospective employer may not disclose written 
  3.15  information received under this section without the written 
  3.16  authorization of the employee. 
  3.17     Subd. 3.  [DEFINITION.] For purposes of this section 
  3.18  personnel record has the meaning given in section 181.960. 
  3.19     Sec. 4.  [EFFECTIVE DATE.] 
  3.20     Section 3 is effective August 1, 1999, and applies to 
  3.21  causes of action arising on or after that date.