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   maintained against an employer, designated employee, or agent 
  1.9   who discloses information about a current or former employee to 
  1.10  a prospective employer or employment agency as provided under 
  1.11  this section, unless the employee or former employee 
  1.12  demonstrates by clear and convincing evidence that: 
  1.13     (1) the information was false and defamatory; 
  1.14     (2) the employer knew or should have known the information 
  1.15  was false and acted with malicious intent to injure the current 
  1.16  or former employee; 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; and 
  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. 
  2.6      When making any disclosure pursuant to clause (5), the 
  2.7   employer must provide the employee or former employee with a 
  2.8   copy of the information disclosed. 
  2.9      (b) Upon request, a public employer may disclose public 
  2.10  personnel data on an individual listed in section 13.43, 
  2.11  subdivision 2, about one of its current or former employees, to 
  2.12  a prospective employer. 
  2.13     (c) With the written authorization of the current or former 
  2.14  employee, an employer may also disclose the following 
  2.15  information in writing to a prospective employer: 
  2.16     (1) written employee evaluations conducted prior to the 
  2.17  employee's separation from the employer, and the employee's 
  2.18  written response, if any, contained in the employee's personnel 
  2.19  record; 
  2.20     (2) disciplinary warnings and actions in the five years 
  2.21  before the date of the authorization, and the employee's written 
  2.22  response, if any, contained in the employee's personnel record; 
  2.23  and 
  2.24     (3) reasons for separation from employment. 
  2.25     (d) An employer must provide a copy of a disclosure made 
  2.26  under paragraph (c) to a current or former employee upon request.
  2.27     Subd. 3.  [SCHOOL DISTRICT DISCLOSURE OF VIOLENCE OR 
  2.28  INAPPROPRIATE SEXUAL CONTACT.] A school administrator must 
  2.29  disclose to another school district requesting information about 
  2.30  a current or former employee all acts of violence or 
  2.31  inappropriate sexual contact with students documented in the 
  2.32  personnel record that resulted in disciplinary action or 
  2.33  resignation.  
  2.34     Sec. 2.  [EFFECTIVE DATE.] 
  2.35     Section 1 is effective August 1, 2001, and applies to 
  2.36  causes of action arising on or after that date.