2007 Minnesota Statutes

611A.036 PROHIBITION AGAINST EMPLOYER RETALIATION.
    Subdivision 1. Victim or witness. An employer must allow a victim or witness, who is
subpoenaed or requested by the prosecutor to attend court for the purpose of giving testimony,
reasonable time off from work to attend criminal proceedings related to the victim's case.
    Subd. 2. Victim's spouse or immediate family members. An employer must allow a victim
of a violent crime, as well as the victim's spouse or immediate family members, reasonable time
off from work to attend criminal proceedings related to the victim's case.
    Subd. 3. Prohibited acts. An employer shall not discharge, discipline, threaten, otherwise
discriminate against, or penalize an employee regarding the employee's compensation, terms,
conditions, location, or privileges of employment, because the employee took reasonable time off
from work to attend a criminal proceeding pursuant to this section.
    Subd. 4. Verification; confidentiality. An employee who is absent from the workplace shall
give 48 hours' advance notice to the employer, unless impracticable or an emergency prevents the
employee from doing so. Upon request of the employer, the employee shall provide verification
that supports the employee's reason for being absent from the workplace. All information related
to the employee's leave pursuant to this section shall be kept confidential by the employer.
    Subd. 5. Penalty. An employer who violates this section is guilty of a misdemeanor and may
be punished for contempt of court. In addition, the court shall order the employer to offer job
reinstatement to any employee discharged from employment in violation of this section, and to
pay the employee back wages as appropriate.
    Subd. 6. Civil action. In addition to any remedies otherwise provided by law, an employee
injured by a violation of this section may bring a civil action for recovery for damages, together
with costs and disbursements, including reasonable attorneys fees, and may receive such
injunctive and other equitable relief, including reinstatement, as determined by the court.
    Subd. 7. Definition. As used in this section, "violent crime" means a violation or attempt
to violate any of the following: section 609.185 (murder in the first degree); 609.19 (murder
in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first
degree); 609.205 (manslaughter in the second degree); 609.21 (criminal vehicular homicide and
injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223
(assault in the third degree); 609.2231 (assault in the fourth degree); 609.2241 (knowing transfer
of communicable disease); 609.2242 (domestic assault); 609.2245 (female genital mutilation);
609.2247 (domestic assault by strangulation); 609.228 (great bodily harm caused by distribution
of drugs); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or
patients); 609.2325 (criminal abuse); 609.233 (criminal neglect); 609.235 (use of drugs to injure
or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25 (kidnapping);
609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of an unborn child in the
first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an
unborn child in the third degree); 609.2664 (manslaughter of an unborn child in the first degree);
609.2665 (manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn
child in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.2672
(assault of an unborn child in the third degree); 609.268 (injury or death of an unborn child in
commission of a crime); 609.282 (labor trafficking); 609.342 (criminal sexual conduct in the
first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual
conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451
(criminal sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct);
609.352 (solicitation of children to engage in sexual conduct); 609.377 (malicious punishment
of a child); 609.378 (neglect or endangerment of a child); 609.561, subdivision 1, (arson in the
first degree; dwelling); 609.582, subdivision 1, paragraph (a) or (c), (burglary in the first degree;
occupied dwelling or involving an assault); or 609.66, subdivision 1e, paragraph (b), (drive-by
shooting; firing at or toward a person, or an occupied building or motor vehicle).
History: 1986 c 463 s 9; 1994 c 636 art 7 s 1; 2005 c 136 art 8 s 23; 2007 c 54 art 4 s 5,6