Bill Text: MN SF2844 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Public employee reporting certain information or refusing to perform certain actions employment discrimination prohibition
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2014-03-20 - Referred to State and Local Government [SF2844 Detail]
Download: Minnesota-2013-SF2844-Introduced.html
1.2relating to employment; prohibiting discrimination against a public employee for
1.3reporting certain information or refusing to perform certain actions; imposing
1.4civil penalties;amending Minnesota Statutes 2012, section 181.935; Minnesota
1.5Statutes 2013 Supplement, section 181.932, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2013 Supplement, section 181.932, subdivision 1,
1.8is amended to read:
1.9 Subdivision 1. Prohibited action. An employer shall not discharge, discipline,
1.10threaten, otherwise discriminate against, or penalize an employee regarding the employee's
1.11compensation, terms, conditions, location, or privileges of employment because:
1.12 (1) the employee, or a person acting on behalf of an employee, in good faith,
1.13reports a violation, suspected violation, or planned violation of any federal or state law
1.14or common law or rule adopted pursuant to law to an employer or to any governmental
1.15body or law enforcement official;
1.16 (2) the employee is requested by a public body or office to participate in an
1.17investigation, hearing, inquiry;
1.18 (3) the employee refuses an employer's order to perform an action that the employee
1.19has an objective basis in fact to believe violates any state or federal law or rule or
1.20regulation adopted pursuant to law, and the employee informs the employer that the order
1.21is being refused for that reason;
1.22 (4) the employee, in good faith, reports a situation in which the quality of health care
1.23services provided by a health care facility, organization, or health care provider violates a
1.24standard established by federal or state law or a professionally recognized national clinical
1.25or ethical standard and potentially places the public at risk of harm;
2.1 (5) a public employee communicates the findings of a scientific or technical study
2.2that the employee, in good faith, believes to be truthful and accurate, including reports to a
2.3governmental body or law enforcement official;or
2.4(6) an employee in the classified service of state government communicates
2.5information that the employee, in good faith, believes to be truthful and accurate, and that
2.6relates to state services, including the financing of state services, to:
2.7(i) a legislator or the legislative auditor; or
2.8(ii) a constitutional officer.; or
2.9(7) a public employee engaged in work on behalf of a public employer who:
2.10(i) refuses that public employer's order to perform an action that the employee has an
2.11objective basis in fact to believe would violate recognized ethical standards governing
2.12an occupation for which the employee holds a license; or
2.13(ii) reports to a governmental body or official a situation that the employee has an
2.14objective basis in fact to believe violated or would violate recognized ethical standards
2.15governing the employee's licensed occupation.
2.16The disclosures protected pursuant to this section do not authorize the disclosure of data
2.17otherwise protected by law. An action against a public employer under this section based
2.18on a report or other communication made by an employee to the person's employer may
2.19be brought at any time within ten years of the report or other communication.
2.20EFFECTIVE DATE.This section is effective the day following final enactment
2.21and is retroactive so that an action against a public employer based on clause (7) may be
2.22brought based on conduct by the public employer that occurred any time after or ten years
2.23prior to the effective date of this section.
2.24 Sec. 2. Minnesota Statutes 2012, section 181.935, is amended to read:
2.25181.935 INDIVIDUAL REMEDIES; PENALTY.
2.26 (a) In addition to any remedies otherwise provided by law, an employee injured by
2.27a violation of section181.932 may bring a civil action to recover any and all damages
2.28recoverable at law, together with costs and disbursements, including reasonable attorney's
2.29fees, and may receive such injunctive and other equitable relief as determined by the court.
2.30 (b) An employer who failed to notify, as required under section181.933 or
181.934 ,
2.31an employee injured by a violation of section181.932 is subject to a civil penalty of $25
2.32per day per injured employee not to exceed $750 per injured employee.
2.33 (c) If the district court determines that a violation of section181.932 occurred, the
2.34court may order any appropriate relief, including but not limited to reinstatement, back
3.1pay, restoration of lost service credit, if appropriate, compensatory damages, and the
3.2expungement of any adverse records of an employee who was the subject of the alleged
3.3acts of misconduct.
3.4(d) In addition to other remedies and damages provided by this section, if a district
3.5court determines that a violation of section 181.932, subdivision 1, clause (7), occurred,
3.6the court must require the public employer to pay $10,000 to the injured employee.
3.7(e) A public employer who pays damages, costs, disbursements, or fees as a result of a
3.8violation of section 181.932 may recover these amounts from one or more of its employees
3.9if the public employer demonstrates that the employee's conduct caused the violation of
3.10section 181.932 and that the employee knew the conduct violated section 181.932.
1.3reporting certain information or refusing to perform certain actions; imposing
1.4civil penalties;amending Minnesota Statutes 2012, section 181.935; Minnesota
1.5Statutes 2013 Supplement, section 181.932, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2013 Supplement, section 181.932, subdivision 1,
1.8is amended to read:
1.9 Subdivision 1. Prohibited action. An employer shall not discharge, discipline,
1.10threaten, otherwise discriminate against, or penalize an employee regarding the employee's
1.11compensation, terms, conditions, location, or privileges of employment because:
1.12 (1) the employee, or a person acting on behalf of an employee, in good faith,
1.13reports a violation, suspected violation, or planned violation of any federal or state law
1.14or common law or rule adopted pursuant to law to an employer or to any governmental
1.15body or law enforcement official;
1.16 (2) the employee is requested by a public body or office to participate in an
1.17investigation, hearing, inquiry;
1.18 (3) the employee refuses an employer's order to perform an action that the employee
1.19has an objective basis in fact to believe violates any state or federal law or rule or
1.20regulation adopted pursuant to law, and the employee informs the employer that the order
1.21is being refused for that reason;
1.22 (4) the employee, in good faith, reports a situation in which the quality of health care
1.23services provided by a health care facility, organization, or health care provider violates a
1.24standard established by federal or state law or a professionally recognized national clinical
1.25or ethical standard and potentially places the public at risk of harm;
2.1 (5) a public employee communicates the findings of a scientific or technical study
2.2that the employee, in good faith, believes to be truthful and accurate, including reports to a
2.3governmental body or law enforcement official;
2.4(6) an employee in the classified service of state government communicates
2.5information that the employee, in good faith, believes to be truthful and accurate, and that
2.6relates to state services, including the financing of state services, to:
2.7(i) a legislator or the legislative auditor; or
2.8(ii) a constitutional officer
2.9(7) a public employee engaged in work on behalf of a public employer who:
2.10(i) refuses that public employer's order to perform an action that the employee has an
2.11objective basis in fact to believe would violate recognized ethical standards governing
2.12an occupation for which the employee holds a license; or
2.13(ii) reports to a governmental body or official a situation that the employee has an
2.14objective basis in fact to believe violated or would violate recognized ethical standards
2.15governing the employee's licensed occupation.
2.16The disclosures protected pursuant to this section do not authorize the disclosure of data
2.17otherwise protected by law. An action against a public employer under this section based
2.18on a report or other communication made by an employee to the person's employer may
2.19be brought at any time within ten years of the report or other communication.
2.20EFFECTIVE DATE.This section is effective the day following final enactment
2.21and is retroactive so that an action against a public employer based on clause (7) may be
2.22brought based on conduct by the public employer that occurred any time after or ten years
2.23prior to the effective date of this section.
2.24 Sec. 2. Minnesota Statutes 2012, section 181.935, is amended to read:
2.25181.935 INDIVIDUAL REMEDIES; PENALTY.
2.26 (a) In addition to any remedies otherwise provided by law, an employee injured by
2.27a violation of section
2.28recoverable at law, together with costs and disbursements, including reasonable attorney's
2.29fees, and may receive such injunctive and other equitable relief as determined by the court.
2.30 (b) An employer who failed to notify, as required under section
2.31an employee injured by a violation of section
2.32per day per injured employee not to exceed $750 per injured employee.
2.33 (c) If the district court determines that a violation of section
2.34court may order any appropriate relief, including but not limited to reinstatement, back
3.1pay, restoration of lost service credit, if appropriate, compensatory damages, and the
3.2expungement of any adverse records of an employee who was the subject of the alleged
3.3acts of misconduct.
3.4(d) In addition to other remedies and damages provided by this section, if a district
3.5court determines that a violation of section 181.932, subdivision 1, clause (7), occurred,
3.6the court must require the public employer to pay $10,000 to the injured employee.
3.7(e) A public employer who pays damages, costs, disbursements, or fees as a result of a
3.8violation of section 181.932 may recover these amounts from one or more of its employees
3.9if the public employer demonstrates that the employee's conduct caused the violation of
3.10section 181.932 and that the employee knew the conduct violated section 181.932.
