Bill Text: MN SF361 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Employers criminal history reliance for job applicants limitations
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2013-02-11 - Referred to Judiciary [SF361 Detail]
Download: Minnesota-2013-SF361-Introduced.html
1.2relating to employment; limiting reliance on criminal history for employment
1.3purposes; applying criminal offender rehabilitation requirements to private
1.4employers; providing for remedies; amending Minnesota Statutes 2012, sections
1.5181.981, subdivision 1; 364.02, subdivisions 4, 6; 364.021; 364.03; 364.04;
1.6364.05; 364.06; 364.07; 364.09; 364.10.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 181.981, subdivision 1, is amended to read:
1.9 Subdivision 1. Limitation on admissibility of criminal history. Information
1.10regarding a criminal history record of an employee or former employee may not be
1.11introduced as evidence in a civil action against a private employer or its employees or
1.12agents that is based on the conduct of the employee or former employee, if:
1.13(1) the duties of the position of employment did not expose others to a greater degree
1.14of risk than that created by the employee or former employee interacting with the public
1.15outside of the duties of the position or that might be created by being employed in general;
1.16(2) before the occurrence of the act giving rise to the civil action, a court order sealed
1.17any record of the criminal case or the employee or former employee received a pardon;or
1.18(3) the record is of an arrest or charge that did not result in a criminal conviction; or
1.19(4) the action is based solely upon the employer's compliance with chapter 364.
1.20 Sec. 2. Minnesota Statutes 2012, section 364.02, subdivision 4, is amended to read:
1.21 Subd. 4.Public Employment. "Public Employment" includes all employment with
1.22 means the retention of an individual for pay by:
1.23(1) the state of Minnesota, its agencies, or political subdivisions; or
2.1(2) a private employer hiring an individual who will conduct the majority of the
2.2individual's work in this state.
2.3 Sec. 3. Minnesota Statutes 2012, section 364.02, subdivision 6, is amended to read:
2.4 Subd. 6. Hiring or licensing authority. "Hiring or licensing authority"shall
2.5mean means:
2.6(1) the person, board, commission, or department of the state of Minnesota, its
2.7agencies or political subdivisions, responsible by law for the hiring of persons for public
2.8employment or the licensing of persons for occupations; or
2.9(2) the representative of a private business that is hiring a person for employment.
2.10 Sec. 4. Minnesota Statutes 2012, section 364.021, is amended to read:
2.11364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF
2.12CRIMINAL RECORDS.
2.13(a) A public or private employer may not inquire into or consider the criminal record
2.14or criminal history of an applicant forpublic employment until the applicant has been
2.15selected for an interview by the employer.
2.16(b) This section does not apply to the Department of Corrections or topublic
2.17 employers who have a statutory duty to conduct a criminal history background check
2.18or otherwise take into consideration a potential employee's criminal history during the
2.19hiring process.
2.20(c) This section does not prohibita public an employer from notifying applicants
2.21that law or the employer's policy will disqualify an individual with a particular criminal
2.22history background from employment in particular positions.
2.23 Sec. 5. Minnesota Statutes 2012, section 364.03, is amended to read:
2.24364.03 RELATION OF CONVICTION TO EMPLOYMENT OR
2.25OCCUPATION.
2.26 Subdivision 1. No disqualification from employment or licensed occupations.
2.27Notwithstanding any other provision of law to the contrary, no person shall be disqualified
2.28frompublic employment, nor shall a person be disqualified from pursuing, practicing, or
2.29engaging in any occupation for which a license is required solely or in part because of
2.30a prior conviction of a crime or crimes, unless the crime or crimes for which convicted
2.31directly relate to the position of employment sought or the occupation for which the
2.32license is sought.
3.1 Subd. 2. Conviction relating topublic employment sought. In determining if a
3.2conviction directly relates to the position ofpublic employment sought or the occupation
3.3for which the license is sought, the hiring or licensing authority shall consider:
3.4(1) the nature and seriousness of the crime or crimes for which the individual was
3.5convicted;
3.6(2) the relationship of the crime or crimes to the purposes of regulating the position
3.7ofpublic employment sought or the occupation for which the license is sought;
3.8(3) the relationship of the crime or crimes to the ability, capacity, and fitness required
3.9to perform the duties and discharge the responsibilities of the position of employment
3.10or occupation.
3.11 Subd. 3. Evidence of rehabilitation. (a) A person who has been convicted of a
3.12crime or crimes which directly relate to thepublic employment sought or to the occupation
3.13for which a license is sought shall not be disqualified from the employment or occupation
3.14if the person can show competent evidence of sufficient rehabilitation and present fitness to
3.15perform the duties of thepublic employment sought or the occupation for which the license
3.16is sought. Sufficient evidence of rehabilitation may be established by the production of:
3.17(1) a copy of the local, state, or federal release order; and
3.18(2) evidence showing that at least one year has elapsed since release from any local,
3.19state, or federal correctional institution without subsequent conviction of a crime; and
3.20evidence showing compliance with all terms and conditions of probation or parole; or
3.21(3) a copy of the relevant Department of Corrections discharge order or other
3.22documents showing completion of probation or parole supervision.
3.23(b) In addition to the documentary evidence presented, the licensing or hiring
3.24authority shall consider any evidence presented by the applicant regarding:
3.25(1) the nature and seriousness of the crime or crimes for which convicted;
3.26(2) all circumstances relative to the crime or crimes, including mitigating
3.27circumstances or social conditions surrounding the commission of the crime or crimes;
3.28(3) the age of the person at the time the crime or crimes were committed;
3.29(4) the length of time elapsed since the crime or crimes were committed; and
3.30(5) all other competent evidence of rehabilitation and present fitness presented,
3.31including, but not limited to, letters of reference by persons who have been in contact with
3.32the applicant since the applicant's release from any local, state, or federal correctional
3.33institution.
3.34 Sec. 6. Minnesota Statutes 2012, section 364.04, is amended to read:
3.35364.04 AVAILABILITY OF RECORDS.
4.1The following criminal records shall not be used, distributed, or disseminated by the
4.2state of Minnesota, its agents or political subdivisions in connection with any application
4.3forpublic employment nor in connection with an application for a license:
4.4(1) records of arrest not followed by a valid conviction.;
4.5(2) convictions which have been, pursuant to law, annulled or expunged.; and
4.6(3) misdemeanor convictions for which no jail sentence can be imposed.
4.7 Sec. 7. Minnesota Statutes 2012, section 364.05, is amended to read:
4.8364.05 NOTIFICATION UPON DENIAL OF EMPLOYMENT OR
4.9DISQUALIFICATION FROM OCCUPATION.
4.10If a hiring or licensing authority denies an individual a position ofpublic
4.11 employment or disqualifies the individual from pursuing, practicing, or engaging in any
4.12occupation for which a license is required, solely or in part because of the individual's
4.13prior conviction of a crime, the hiring or licensing authority shall notify the individual in
4.14writing of the following:
4.15(1) the grounds and reasons for the denial or disqualification;
4.16(2) the applicable complaint and grievance procedure as set forth in section364.06 ;
4.17(3) the earliest date the person may reapply for a position ofpublic employment or
4.18a license; and
4.19(4) that all competent evidence of rehabilitation presented will be considered upon
4.20reapplication.
4.21 Sec. 8. Minnesota Statutes 2012, section 364.06, is amended to read:
4.22364.06 VIOLATIONS,; PROCEDURE; REMEDIES.
4.23 Subdivision 1. Public employers. Any complaints or grievances concerning
4.24violations of sections364.01 to
364.10 by public employers shall be processed and
4.25adjudicated in accordance with the procedures set forth in chapter 14, the Administrative
4.26Procedure Act.
4.27 Subd. 2. Private employers. In addition to other remedies provided by law, an
4.28individual injured by a violation of this chapter by a private employer may bring a civil
4.29action to recover damages and obtain injunctive or equitable relief. If the court finds
4.30that the private employer violated section 364.021, the court shall award the individual
4.31reasonable attorney fees. For other violations of this chapter by a private employer, the
4.32court shall award reasonable attorney fees if the court finds that the employer knowingly
4.33or recklessly violated this chapter.
5.1 Sec. 9. Minnesota Statutes 2012, section 364.07, is amended to read:
5.2364.07 APPLICATION.
5.3The provisions of sections364.01 to
364.10 shall prevail over any other laws and
5.4rules which purport to govern the granting, denial, renewal, suspension, or revocation of a
5.5license or the initiation, suspension, or termination ofpublic employment on the grounds
5.6of conviction of a crime or crimes. In deciding to grant, deny, revoke, suspend, or renew a
5.7license, or to deny, suspend, or terminatepublic employment for a lack of good moral
5.8character or the like, the hiring or licensing authority may consider evidence of conviction
5.9of a crime or crimes but only in the same manner and to the same effect as provided for
5.10in sections364.01 to
364.10 . Nothing in sections
364.01 to
364.10 shall be construed to
5.11otherwise affect relevant proceedings involving the granting, denial, renewal, suspension,
5.12or revocation of a license or the initiation, suspension, or termination ofpublic employment.
5.13 Sec. 10. Minnesota Statutes 2012, section 364.09, is amended to read:
5.14364.09 EXCEPTIONS.
5.15(a) This chapter does not apply to the licensing process for peace officers; to law
5.16enforcement agencies as defined in section626.84, subdivision 1 , paragraph (f); to fire
5.17protection agencies; to eligibility for a private detective or protective agent license; to the
5.18licensing and background study process under chapters 245A and 245C; to eligibility
5.19for school bus driver endorsements; to eligibility for special transportation service
5.20endorsements; to eligibility for a commercial driver training instructor license, which is
5.21governed by section171.35 and rules adopted under that section; to emergency medical
5.22services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
5.23applicant for the license has been discharged from sentence for a conviction within the ten
5.24years immediately preceding application of a violation of any of the following:
5.25(1) sections609.185 to
609.21 ,
609.221 to
609.223 ,
609.342 to
609.3451 , or
617.23 ,
5.26subdivision 2 or 3;
5.27(2) any provision of chapter 152 that is punishable by a maximum sentence of
5.2815 years or more; or
5.29(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
5.30the scene of an accident, or reckless or careless driving.
5.31This chapter also shall not apply to eligibility for juvenile corrections employment, where
5.32the offense involved child physical or sexual abuse or criminal sexual conduct.
5.33(b) This chapter does not apply to a school district or to eligibility for a license
5.34issued or renewed by the Board of Teaching or the commissioner of education.
6.1(c) Nothing in this section precludes the Minnesota Police and Peace Officers
6.2Training Board or the state fire marshal from recommending policies set forth in this
6.3chapter to the attorney general for adoption in the attorney general's discretion to apply to
6.4law enforcement or fire protection agencies.
6.5(d) This chapter does not apply to a license to practice medicine that has been denied
6.6or revoked by the Board of Medical Practice pursuant to section147.091, subdivision 1a .
6.7(e) This chapter does not apply to any person who has been denied a license to
6.8practice chiropractic or whose license to practice chiropractic has been revoked by the
6.9board in accordance with section148.10, subdivision 7 .
6.10(f) This chapter does not supersede a statutory requirement to conduct a criminal
6.11history background investigation or consider criminal history records in hiring for
6.12particular types of employment.
6.13 Sec. 11. Minnesota Statutes 2012, section 364.10, is amended to read:
6.14364.10 VIOLATION OF CIVIL RIGHTS.
6.15Violation of the rights established in sections364.01 to
364.10 by a public employer
6.16shall constitute a violation of a person's civil rights.
1.3purposes; applying criminal offender rehabilitation requirements to private
1.4employers; providing for remedies; amending Minnesota Statutes 2012, sections
1.5181.981, subdivision 1; 364.02, subdivisions 4, 6; 364.021; 364.03; 364.04;
1.6364.05; 364.06; 364.07; 364.09; 364.10.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 181.981, subdivision 1, is amended to read:
1.9 Subdivision 1. Limitation on admissibility of criminal history. Information
1.10regarding a criminal history record of an employee or former employee may not be
1.11introduced as evidence in a civil action against a private employer or its employees or
1.12agents that is based on the conduct of the employee or former employee, if:
1.13(1) the duties of the position of employment did not expose others to a greater degree
1.14of risk than that created by the employee or former employee interacting with the public
1.15outside of the duties of the position or that might be created by being employed in general;
1.16(2) before the occurrence of the act giving rise to the civil action, a court order sealed
1.17any record of the criminal case or the employee or former employee received a pardon;
1.18(3) the record is of an arrest or charge that did not result in a criminal conviction; or
1.19(4) the action is based solely upon the employer's compliance with chapter 364.
1.20 Sec. 2. Minnesota Statutes 2012, section 364.02, subdivision 4, is amended to read:
1.21 Subd. 4.
1.22 means the retention of an individual for pay by:
1.23(1) the state of Minnesota, its agencies, or political subdivisions; or
2.1(2) a private employer hiring an individual who will conduct the majority of the
2.2individual's work in this state.
2.3 Sec. 3. Minnesota Statutes 2012, section 364.02, subdivision 6, is amended to read:
2.4 Subd. 6. Hiring or licensing authority. "Hiring or licensing authority"
2.5
2.6(1) the person, board, commission, or department of the state of Minnesota, its
2.7agencies or political subdivisions, responsible by law for the hiring of persons for public
2.8employment or the licensing of persons for occupations; or
2.9(2) the representative of a private business that is hiring a person for employment.
2.10 Sec. 4. Minnesota Statutes 2012, section 364.021, is amended to read:
2.11364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF
2.12CRIMINAL RECORDS.
2.13(a) A public or private employer may not inquire into or consider the criminal record
2.14or criminal history of an applicant for
2.15selected for an interview by the employer.
2.16(b) This section does not apply to the Department of Corrections or to
2.17 employers who have a statutory duty to conduct a criminal history background check
2.18or otherwise take into consideration a potential employee's criminal history during the
2.19hiring process.
2.20(c) This section does not prohibit
2.21that law or the employer's policy will disqualify an individual with a particular criminal
2.22history background from employment in particular positions.
2.23 Sec. 5. Minnesota Statutes 2012, section 364.03, is amended to read:
2.24364.03 RELATION OF CONVICTION TO EMPLOYMENT OR
2.25OCCUPATION.
2.26 Subdivision 1. No disqualification from employment or licensed occupations.
2.27Notwithstanding any other provision of law to the contrary, no person shall be disqualified
2.28from
2.29engaging in any occupation for which a license is required solely or in part because of
2.30a prior conviction of a crime or crimes, unless the crime or crimes for which convicted
2.31directly relate to the position of employment sought or the occupation for which the
2.32license is sought.
3.1 Subd. 2. Conviction relating to
3.2conviction directly relates to the position of
3.3for which the license is sought, the hiring or licensing authority shall consider:
3.4(1) the nature and seriousness of the crime or crimes for which the individual was
3.5convicted;
3.6(2) the relationship of the crime or crimes to the purposes of regulating the position
3.7of
3.8(3) the relationship of the crime or crimes to the ability, capacity, and fitness required
3.9to perform the duties and discharge the responsibilities of the position of employment
3.10or occupation.
3.11 Subd. 3. Evidence of rehabilitation. (a) A person who has been convicted of a
3.12crime or crimes which directly relate to the
3.13for which a license is sought shall not be disqualified from the employment or occupation
3.14if the person can show competent evidence of sufficient rehabilitation and present fitness to
3.15perform the duties of the
3.16is sought. Sufficient evidence of rehabilitation may be established by the production of:
3.17(1) a copy of the local, state, or federal release order; and
3.18(2) evidence showing that at least one year has elapsed since release from any local,
3.19state, or federal correctional institution without subsequent conviction of a crime; and
3.20evidence showing compliance with all terms and conditions of probation or parole; or
3.21(3) a copy of the relevant Department of Corrections discharge order or other
3.22documents showing completion of probation or parole supervision.
3.23(b) In addition to the documentary evidence presented, the licensing or hiring
3.24authority shall consider any evidence presented by the applicant regarding:
3.25(1) the nature and seriousness of the crime or crimes for which convicted;
3.26(2) all circumstances relative to the crime or crimes, including mitigating
3.27circumstances or social conditions surrounding the commission of the crime or crimes;
3.28(3) the age of the person at the time the crime or crimes were committed;
3.29(4) the length of time elapsed since the crime or crimes were committed; and
3.30(5) all other competent evidence of rehabilitation and present fitness presented,
3.31including, but not limited to, letters of reference by persons who have been in contact with
3.32the applicant since the applicant's release from any local, state, or federal correctional
3.33institution.
3.34 Sec. 6. Minnesota Statutes 2012, section 364.04, is amended to read:
3.35364.04 AVAILABILITY OF RECORDS.
4.1The following criminal records shall not be used
4.2
4.3for
4.4(1) records of arrest not followed by a valid conviction
4.5(2) convictions which have been, pursuant to law, annulled or expunged
4.6(3) misdemeanor convictions for which no jail sentence can be imposed.
4.7 Sec. 7. Minnesota Statutes 2012, section 364.05, is amended to read:
4.8364.05 NOTIFICATION UPON DENIAL OF EMPLOYMENT OR
4.9DISQUALIFICATION FROM OCCUPATION.
4.10If a hiring or licensing authority denies an individual a position of
4.11 employment or disqualifies the individual from pursuing, practicing, or engaging in any
4.12occupation for which a license is required, solely or in part because of the individual's
4.13prior conviction of a crime, the hiring or licensing authority shall notify the individual in
4.14writing of the following:
4.15(1) the grounds and reasons for the denial or disqualification;
4.16(2) the applicable complaint and grievance procedure as set forth in section
4.17(3) the earliest date the person may reapply for a position of
4.18a license; and
4.19(4) that all competent evidence of rehabilitation presented will be considered upon
4.20reapplication.
4.21 Sec. 8. Minnesota Statutes 2012, section 364.06, is amended to read:
4.22364.06 VIOLATIONS
4.23 Subdivision 1. Public employers. Any complaints or grievances concerning
4.24violations of sections
4.25adjudicated in accordance with the procedures set forth in chapter 14, the Administrative
4.26Procedure Act.
4.27 Subd. 2. Private employers. In addition to other remedies provided by law, an
4.28individual injured by a violation of this chapter by a private employer may bring a civil
4.29action to recover damages and obtain injunctive or equitable relief. If the court finds
4.30that the private employer violated section 364.021, the court shall award the individual
4.31reasonable attorney fees. For other violations of this chapter by a private employer, the
4.32court shall award reasonable attorney fees if the court finds that the employer knowingly
4.33or recklessly violated this chapter.
5.1 Sec. 9. Minnesota Statutes 2012, section 364.07, is amended to read:
5.2364.07 APPLICATION.
5.3The provisions of sections
5.4rules which purport to govern the granting, denial, renewal, suspension, or revocation of a
5.5license or the initiation, suspension, or termination of
5.6of conviction of a crime or crimes. In deciding to grant, deny, revoke, suspend, or renew a
5.7license, or to deny, suspend, or terminate
5.8character or the like, the hiring or licensing authority may consider evidence of conviction
5.9of a crime or crimes but only in the same manner and to the same effect as provided for
5.10in sections
5.11otherwise affect relevant proceedings involving the granting, denial, renewal, suspension,
5.12or revocation of a license or the initiation, suspension, or termination of
5.13 Sec. 10. Minnesota Statutes 2012, section 364.09, is amended to read:
5.14364.09 EXCEPTIONS.
5.15(a) This chapter does not apply to the licensing process for peace officers; to law
5.16enforcement agencies as defined in section
5.17protection agencies; to eligibility for a private detective or protective agent license; to the
5.18licensing and background study process under chapters 245A and 245C; to eligibility
5.19for school bus driver endorsements; to eligibility for special transportation service
5.20endorsements; to eligibility for a commercial driver training instructor license, which is
5.21governed by section
5.22services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
5.23applicant for the license has been discharged from sentence for a conviction within the ten
5.24years immediately preceding application of a violation of any of the following:
5.25(1) sections
5.26subdivision 2 or 3;
5.27(2) any provision of chapter 152 that is punishable by a maximum sentence of
5.2815 years or more; or
5.29(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
5.30the scene of an accident, or reckless or careless driving.
5.31This chapter also shall not apply to eligibility for juvenile corrections employment, where
5.32the offense involved child physical or sexual abuse or criminal sexual conduct.
5.33(b) This chapter does not apply to a school district or to eligibility for a license
5.34issued or renewed by the Board of Teaching or the commissioner of education.
6.1(c) Nothing in this section precludes the Minnesota Police and Peace Officers
6.2Training Board or the state fire marshal from recommending policies set forth in this
6.3chapter to the attorney general for adoption in the attorney general's discretion to apply to
6.4law enforcement or fire protection agencies.
6.5(d) This chapter does not apply to a license to practice medicine that has been denied
6.6or revoked by the Board of Medical Practice pursuant to section
6.7(e) This chapter does not apply to any person who has been denied a license to
6.8practice chiropractic or whose license to practice chiropractic has been revoked by the
6.9board in accordance with section
6.10(f) This chapter does not supersede a statutory requirement to conduct a criminal
6.11history background investigation or consider criminal history records in hiring for
6.12particular types of employment.
6.13 Sec. 11. Minnesota Statutes 2012, section 364.10, is amended to read:
6.14364.10 VIOLATION OF CIVIL RIGHTS.
6.15Violation of the rights established in sections
6.16shall constitute a violation of a person's civil rights.
