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S.F. No. 1438 - Crime Victim Employer Retaliation Protection

(Second Engrossment)

Author: Senator Jane Ranum
Prepared by: Chris Turner, Senate Research (651/296-4350)
Date: May 9, 2005

Section 1, paragraph (a), prohibits employer retaliation against a victim of domestic abuse who takes a reasonable time off from work to obtain relief under Minnesota Statutes, chapter 518B (Domestic Abuse Act). An employee who is absent from work must give 48-hour notice, except in cases of imminent danger to the health or safety of the employee or the employee's child. An employer may ask for verification as to the employee's whereabouts, but any information provided must be kept confidential.

Paragraph (b) provides that an employer who violates this section is guilty of a misdemeanor. If the employee was discharged, the employer is liable for back pay and must offer to reinstate the employee's job.

Paragraph (c) establishes a civil cause of action for an aggrieved employee for the recovery of damages plus costs and attorney fees.

Section 2 prohibits employer retaliation against a victim of harassment who takes a reasonable time off from work to obtain a restraining order by replicating the provisions of section 1 in Minnesota Statutes, section 609.748 ( Harassment; Restraining Order).

Section 3 expands the current provisions in law that prohibits employer retaliation against a victim or witness who takes a reasonable time off from work to answer a subpoena or answer the request of a prosecutor.

Subdivision 1 allows a victim or witness to take reasonable time off from work to answer a subpoena or the request of a prosecutor.

Subdivision 2 allows the victim of a heinous crime, as well as the victim's spouse or next of kin, to take reasonable time off from work to attend proceedings involving prosecution of the crime.

Subdivision 3 prohibits employer retaliation against an employee who takes time off under the provisions of this section.

Subdivision 4 provides that an employee who is absent must give 48-hour notice, unless an emergency prevents it. An employer may ask for verification as to the employees whereabouts, but any information provided must be kept confidential.

Subdivision 5 provides the same criminal penalties as found in section 1.

Subdivision 6 provides the same civil remedies as found in section 1.

Subdivision 7 defines "heinous crime" to include acts of homicide, first-degree assault, and criminal sexual conduct committed with force or involving a minor.

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