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MN SF1458
Bill
Status
3/18/2013
Primary Sponsor
Jeff Hayden
Click for details
AI Summary
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Establishes the Criminal Background Check Act in Minnesota Statutes chapter 363A, setting standards for employer use of criminal background checks in hiring and employment decisions.
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Requires employers to validate that criminal conduct bans are job-related and consistent with business necessity, using accredited background screening agencies or the Minnesota Bureau of Criminal Apprehension.
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Prohibits employers from conducting criminal background checks until after deciding to interview a candidate, and restricts use of annulled/expunged convictions, misdemeanor convictions with no jail sentence, and arrest records.
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Allows candidates to demonstrate rehabilitation through release orders, compliance with probation/parole, time elapsed since conviction, and other evidence of fitness; requires employers to notify denied candidates in writing and allow them to request a second background check.
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Creates civil liability for violations including damages and potential attorney fees, requires employers to adopt and post written background check policies with specific procedural protections, and prohibits retaliation against individuals exercising rights under this chapter.
Legislative Description
Criminal Background Check Act
Last Action
Referred to Judiciary
3/18/2013