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HF 1688

as introduced - 89th Legislature (2015 - 2016) Posted on 04/08/2015 07:58am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/10/2015

Current Version - as introduced

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A bill for an act
relating to state government; extending the statute of limitations for a minor child
filing a claim under the Human Rights Act; amending Minnesota Statutes 2014,
sections 363A.07, subdivision 3; 363A.28, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 363A.07, subdivision 3, is amended to read:


Subd. 3.

Referral to commissioner.

A local commission may refer a matter under
its jurisdiction to the commissioner.

The charging party has the option of filing a charge either with a local commission
or the department. Notwithstanding the provisions of any ordinance or resolution to
the contrary, a charge may be filed with a local commission within one year after the
occurrence of the practice.new text begin In the case of a minor child under age 18, the claim must be
brought within 12 months after the minor child's 18th birthday.
new text end The exercise of such
choice in filing a charge with one agency shall preclude the option of filing the same
charge with the other agency. At the time a charge comes to the attention of a local agency,
the agency or its representative shall inform the charging party of this option, and of the
party's rights under Laws 1967, chapter 897.

Where this chapter provides additional protections and remedies not provided for
under a local antidiscrimination ordinance, the local commission shall advise a party
bringing a charge under a local ordinance of those additional protections and remedies and
of the option to file a charge under this chapter.

The term "local commission" as used in this subdivision has the same meaning given
the term in section 363A.03, subdivision 23.

Sec. 2.

Minnesota Statutes 2014, section 363A.28, subdivision 3, is amended to read:


Subd. 3.

For filing claim; filing options.

A claim of an unfair discriminatory
practice must be brought as a civil action pursuant to section 363A.33, subdivision 1, filed
in a charge with a local commission pursuant to section 363A.07, subdivision 3, or filed
in a charge with the commissioner within one year after the occurrence of the practice.new text begin
In the case of a minor child under age 18, the claim must be brought within 12 months
after the minor child's 18th birthday.
new text end The running of the one-year limitation period
is suspended during the time a potential charging party and respondent are voluntarily
engaged in a dispute resolution process involving a claim of unlawful discrimination
under this chapter, including arbitration, conciliation, mediation or grievance procedures
pursuant to a collective bargaining agreement or statutory, charter, ordinance provisions
for a civil service or other employment system or a school board sexual harassment or
sexual violence policy. A potential respondent who participates in such a process with a
potential charging party before a charge is filed or a civil action is brought shall notify the
department and the charging party in writing of the participation in the process and the
date the process commenced and shall also notify the department and the charging party
of the ending date of the process. A respondent who fails to provide this notification is
barred from raising the defense that the statute of limitations has run unless one year plus
a period of time equal to the suspension period has passed.