HF 3471

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human rights; clarifying the definition of 
  1.3             sexual harassment; amending Minnesota Statutes 2001 
  1.4             Supplement, section 363.01, subdivision 41. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.7   363.01, subdivision 41, is amended to read: 
  1.8      Subd. 41.  [SEXUAL HARASSMENT.] (a) "Sexual harassment" 
  1.9   includes unwelcome sexual advances, requests for sexual favors, 
  1.10  sexually motivated physical contact or other verbal or physical 
  1.11  conduct or communication of a sexual nature when:  
  1.12     (1) submission to that conduct or communication is made a 
  1.13  term or condition, either explicitly or implicitly, of obtaining 
  1.14  employment, public accommodations or public services, education, 
  1.15  or housing; 
  1.16     (2) submission to or rejection of that conduct or 
  1.17  communication by an individual is used as a factor in decisions 
  1.18  affecting that individual's employment, public accommodations or 
  1.19  public services, education, or housing; or 
  1.20     (3) that conduct or communication has the purpose or effect 
  1.21  of substantially interfering with an individual's employment, 
  1.22  public accommodations or public services, education, or housing, 
  1.23  or creating an intimidating, hostile, or offensive employment, 
  1.24  public accommodations, public services, educational, or housing 
  1.25  environment; and in the case of employment, except as provided 
  2.1   in paragraph (b), the employer knows or should know of the 
  2.2   existence of the harassment and fails to take timely and 
  2.3   appropriate action.  
  2.4      (b) When an employee's supervisor engages in sexual conduct 
  2.5   or communication, a sexual harassment claim brought under this 
  2.6   chapter shall be subject to all the affirmative defenses and 
  2.7   burdens of proof that apply to sexual harassment claims brought 
  2.8   under title VII of the Civil Rights Act of 1964, as amended. 
  2.9      Sec. 2.  [EFFECTIVE DATE.] 
  2.10     Section 1 is retroactive to August 1, 2001.