HF 3843

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/24/2022 06:31pm

A bill for an act
relating to human rights; clarifying certain provisions in the Human Rights Act
governing gender specific accommodations; amending Minnesota Statutes 2020,
sections 363A.03, subdivision 42; 363A.20, by adding a subdivision; 363A.24,
subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 363A.03, subdivision 42, is amended to read:

Subd. 42.

Sex.

"Sex" includes, but is not limited to, pregnancy, childbirth, and disabilities
related to pregnancy or childbirth. new text begin A person's sex is either male or female as biologically
defined.
new text end

Sec. 2.

Minnesota Statutes 2020, section 363A.20, is amended by adding a subdivision to
read:

new text begin Subd. 11. new text end

new text begin Employer restrooms, locker rooms, dressing rooms, and similar
facilities. new text end

new text begin The provisions of section 363A.11 relating to sexual orientation as defined in
section 363A.03, subdivision 44, shall not apply to the employment of any individual with
regard to facilities such as restrooms, locker rooms, dressing rooms, or other similar places.
No claim of nontraditional identity or "sexual orientation" may override another person's
right of privacy based on biological sex in such facilities as restrooms, locker rooms, dressing
rooms, and other similar places, which shall remain reserved for males or females as they
are biologically defined.
new text end

Sec. 3.

Minnesota Statutes 2020, section 363A.24, subdivision 1, is amended to read:

Subdivision 1.

Restrooms, locker rooms, new text begin dressing rooms, new text end and similar places.

new text begin (a) new text end The
provisions of section 363A.11 relating to sex, new text begin or sexual orientation as defined in section
363A.03, subdivision 44, new text end shall not apply to such new text begin public new text end facilities as restrooms, locker rooms,
new text begin dressing rooms, new text end and other similar places. new text begin No claim of nontraditional identity or "sexual
orientation" may override another person's right of privacy based on biological sex in public
facilities such as restrooms, locker rooms, dressing rooms, and other similar places, which
shall remain reserved for males or females as biologically defined. new text end The provisions of section
363A.11 do not apply to employees or volunteers of a nonpublic service organization whose
primary function is providing occasional services to minors, such as youth sports
organizations, scouting organizations, boys' or girls' clubs, programs providing friends,
counselors, or role models for minors, youth theater, dance, music or artistic organizations,
agricultural organizations for minors, and other youth organizations, with respect to
qualifications based on sexual orientation.

new text begin (b) Other than single-occupancy facilities, no employer shall permit access to restrooms,
locker rooms, dressing rooms, and other similar places on any basis other than biological
sex. Nothing in this section shall be construed to: (1) limit access by a minor accompanied
by an adult guardian of the opposite sex into a specified facility appropriate for the adult
guardian, where the minor has not reached the age of nine years; (2) prohibit a person with
disabilities from using a specified facility appropriate to the biological sex of either the
disabled person or of an adult caretaker providing assistance; or (3) prohibit access by bona
fide custodial staff or any other person in an actual emergency, where the person knocks
and announces as a member of the opposite sex, if practicable.
new text end

new text begin (c) Other than single-occupancy facilities, no public school or university shall permit
access to restrooms, locker rooms, dressing rooms, and other similar places used by minor
students on any basis other than biological sex. Nothing in this section shall be construed
to: (1) limit access to other specified facilities by a minor accompanied by an adult guardian,
where the minor has not reached the age of nine years; (2) prohibit a person with disabilities
from using a specified facility appropriate to the biological sex of either the disabled person
or of an adult caretaker providing assistance; or (3) prohibit access by bona fide custodial
staff or any person in an actual emergency, where the person knocks and announces as a
member of the opposite sex, if practicable.
new text end