HF 4895

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2024 12:18pm

A bill for an act
relating to human rights; modifying processes for determining reasonable
accommodations for public accommodation and public services; modifying criteria
for determining undue hardship for public accommodation and public services;
providing for disparate impact discrimination claims for public accommodation
and public services; updating terms; amending Minnesota Statutes 2022, sections
363A.03, subdivisions 12, 31, 33, 36; 363A.08, subdivision 6; 363A.28, subdivision
10; Minnesota Statutes 2023 Supplement, sections 363A.11, subdivision 1;
363A.12, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 363A.03, subdivision 12, is amended to read:

Subd. 12.

Disability.

"Disability" means any condition or characteristic that renders a
person deleted text begin a disabled person deleted text end new text begin an individual with a disability new text end . deleted text begin A disabled person deleted text end new text begin An individual
with a disability new text end is any person who (1) has a physical, sensory, or mental impairment which
materially limits one or more major life activities; (2) has a record of such an impairment;
or (3) is regarded as having such an impairment.

Sec. 2.

Minnesota Statutes 2022, section 363A.03, subdivision 31, is amended to read:

Subd. 31.

Physical access.

"Physical access" means (1) the absence of physical obstacles
that limit deleted text begin a disabled person's deleted text end new text begin the new text end opportunity for full and equal use of or benefit from goods,
services, and privileges new text begin by an individual with a disability new text end ; or, when necessary, (2) the use
of methods to overcome the discriminatory effect of physical obstacles. The methods may
include redesign of equipment, assignment of aides, or use of alternate accessible locations.

Sec. 3.

Minnesota Statutes 2022, section 363A.03, subdivision 33, is amended to read:

Subd. 33.

Program access.

"Program access" means (1) the use of auxiliary aids or
services to ensure full and equal use of or benefit from goods, services, and privileges new text begin by
an individual with a disability new text end ; and (2) the absence of criteria or methods of administration
that directly, indirectly, or through contractual or other arrangements, have the effect of
subjecting qualified deleted text begin disabled persons deleted text end new text begin individuals with disabilities new text end to discrimination on the
basis of disability, or have the effect of defeating or impairing the accomplishment of the
objectives of the program.

Sec. 4.

Minnesota Statutes 2022, section 363A.03, subdivision 36, is amended to read:

Subd. 36.

Qualified deleted text begin disabled person deleted text end new text begin individual with a disability new text end .

"Qualified deleted text begin disabled
person deleted text end new text begin individual with a disability new text end " means:

(1) with respect to employment, deleted text begin a disabled person deleted text end new text begin an individual with a disability new text end who,
with reasonable accommodation, can perform the essential functions required of all applicants
for the job in question; and

(2) with respect to public services, deleted text begin a person deleted text end new text begin an individual new text end with a disability who, with or
without reasonable modifications to rules, policies, or practices, removal of architectural,
communications, or transportation barriers, or the provision of auxiliary aids and services,
meets the essential eligibility requirements for receipt of services and for participation in
programs and activities provided by the public service.

For the purposes of this subdivision, "disability" excludes any condition resulting from
alcohol or drug abuse which prevents a person from performing the essential functions of
the job in question or constitutes a direct threat to property or the safety of others.

If a respondent contends that the person is not a qualified deleted text begin disabled person deleted text end new text begin individual
with a disability new text end , the burden is on the respondent to prove that it was reasonable to conclude
the deleted text begin disabled person deleted text end new text begin individual with a disability new text end , with reasonable accommodation, could not
have met the requirements of the job or that the selected person was demonstrably better
able to perform the job.

Sec. 5.

Minnesota Statutes 2022, section 363A.08, subdivision 6, is amended to read:

Subd. 6.

Reasonable accommodation.

(a) Except when based on a bona fide occupational
qualification, it is an unfair employment practice for an employer with a number of part-time
or full-time employees for each working day in each of 20 or more calendar weeks in the
current or preceding calendar year equal to or greater than deleted text begin 25 effective July 1, 1992, and
equal to or greater than deleted text end 15 deleted text begin effective July 1, 1994 deleted text end , an employment agency, or a labor
organization, not to provide a reasonable accommodation for a job applicant or qualified
employee with a disability unless the employer, agency, or organization can demonstrate
that the accommodation would impose an undue hardship on the new text begin operations of the new text end business,
agency, or organization. "Reasonable accommodation" means steps which must be taken
to accommodate the known physical new text begin , sensory, new text end or mental limitations of a qualified individual
with a disability. To determine the appropriate reasonable accommodation the employer,
agency, or organization shall initiate an informal, interactive process with the individual
with a disability in need of the accommodation. This process deleted text begin should deleted text end new text begin must new text end identify the
limitations resulting from the disability and any potential reasonable accommodations that
could overcome those limitations. "Reasonable accommodation" may include but is not
limited to, nor does it necessarily require: (1) making facilities readily accessible to and
usable by individuals with disabilities; and (2) job restructuring, modified work schedules,
reassignment to a vacant position, acquisition or modification of equipment or devices, and
the provision of aides on a temporary or periodic basis.

(b) In determining whether an accommodation would impose an undue hardship on the
operation of a business or organization, factors to be considered include:

(1) the overall size of the business or organization with respect to number of employees
or members and the number and type of facilities;

(2) the type of the operation, including the composition and structure of the work force,
and the number of employees at the location where the employment would occur;

(3) the nature and cost of the needed accommodation;

(4) the reasonable ability to finance the accommodation at each site of business; and

(5) documented good faith efforts to explore less restrictive or less expensive alternatives,
including consultation with the deleted text begin disabled person deleted text end new text begin individual with a disability new text end or with
knowledgeable deleted text begin disabled persons or deleted text end organizations new text begin or individuals with disabilities new text end .

A prospective employer need not pay for an accommodation for a job applicant if it is
available from an alternative source without cost to the employer or applicant.

Sec. 6.

Minnesota Statutes 2023 Supplement, section 363A.11, subdivision 1, is amended
to read:

Subdivision 1.

Full and equal enjoyment of public accommodations.

(a) It is an unfair
discriminatory practice:

(1) to deny any person the full and equal enjoyment of the goods, services, facilities,
privileges, advantages, and accommodations of a place of public accommodation because
of race, color, creed, religion, disability, national origin, marital status, sexual orientation,
sex, or gender identity, or for a taxicab company to discriminate in the access to, full
utilization of, or benefit from service because of a person's disability; or

(2) for a place of public accommodation not to make reasonable accommodation deleted text begin to the
known physical, sensory, or mental disability of a disabled person deleted text end new text begin , as defined in section
363A.08, subdivision 6, for an individual with a disability unless the public accommodation
can demonstrate that the accommodation would impose an undue hardship on the operations
of the public accommodation. A place of public accommodation may not ignore a request
for a reasonable accommodation for physical or program access from an individual with a
disability new text end .

new text begin (b) new text end In determining whether an accommodation deleted text begin is reasonable, the deleted text end new text begin would impose an undue
hardship on the operations of the public accommodation, new text end factors to be considered deleted text begin may deleted text end
include:

deleted text begin (i) the frequency and predictability with which members of the public will be served by
the accommodation at that location;
deleted text end

deleted text begin (ii) the size of the business or organization at that location with respect to physical size,
annual gross revenues, and the number of employees;
deleted text end

deleted text begin (iii) the extent to which disabled persons will be further served from the accommodation;
deleted text end

deleted text begin (iv) deleted text end new text begin (i) new text end the type new text begin and purpose new text end of new text begin the public accommodation's new text end operation;

deleted text begin (v) deleted text end new text begin (ii) new text end the nature and deleted text begin amount of both direct costs and legitimate indirect costs of making
the accommodation and the reasonableness for that location to finance the deleted text end new text begin cost of the needed new text end
accommodation; deleted text begin and
deleted text end

deleted text begin (vi) the extent to which any persons may be adversely affected by the accommodation.
deleted text end

new text begin (iii) documented good faith efforts to explore less restrictive or less expensive alternatives;
and
new text end

new text begin (iv) the extent of consultation with knowledgeable organizations and individuals with
disabilities.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end State or local building codes control where applicable. Violations of state or local
building codes are not violations of this chapter and must be enforced under normal building
code procedures.

Sec. 7.

Minnesota Statutes 2023 Supplement, section 363A.12, subdivision 1, is amended
to read:

Subdivision 1.

Access to public service.

new text begin (a) new text end It is an unfair discriminatory practice to
discriminate against any person in the access to, admission to, full utilization of or benefit
from any public service because of race, color, creed, religion, national origin, disability,
sex, gender identity, sexual orientation, or status with regard to public assistance or to fail
to ensure physical and program access for deleted text begin disabled persons deleted text end new text begin an individual with a disability new text end
unless the public service can demonstrate that providing the access would impose an undue
hardship on its operation. new text begin A public service may not ignore a request for a reasonable
accommodation for physical or program access from an individual with a disability.
new text end

new text begin (b) new text end In determining whether providing physical and program access would impose an
undue hardship new text begin on the operations of the public service new text end , factors to be considered include:

(1) the type and purpose of the public service's operation;

(2) the nature and cost of the needed accommodation;

(3) documented good faith efforts to explore less restrictive or less expensive alternatives;
and

(4) the extent of consultation with knowledgeable disabled persons and organizations.

deleted text begin Physical and program access must be accomplished within six months of June 7, 1983,
except for needed architectural modifications, which must be made within two years of June
7, 1983.
deleted text end

Sec. 8.

Minnesota Statutes 2022, section 363A.28, subdivision 10, is amended to read:

Subd. 10.

Disparate impact cases.

If the complaining party has met its burden of showing
that deleted text begin an employment deleted text end new text begin the respondent's new text end practice is responsible for a statistically significant
adverse impact on a particular class of persons protected by deleted text begin section 363A.08, subdivision
2, an employer deleted text end new text begin sections 363A.08 to 363A.19, a respondent new text end must justify that practice by
demonstrating that the practice deleted text begin is manifestly related to the job or deleted text end significantly furthers an
important business new text begin , governmental, or educational new text end purpose. Upon establishment of this
justification, the charging party may prevail upon demonstration of the existence of a
comparably effective practice that the court finds would cause a significantly lesser adverse
impact on the identified protected class.

Sec. 9. new text begin REVISOR INSTRUCTION.
new text end

new text begin In Minnesota Statutes, chapter 363A, the revisor of statutes shall change the phrases in
column A to the phrases in column B. The revisor shall also make grammatical changes
related to the change in terms.
new text end

new text begin Column A new text end	new text begin Column B new text end
new text begin Disabled person new text end	new text begin Individual with a disability new text end
new text begin Disabled persons new text end	new text begin Individuals with disabilities new text end
new text begin Disabled people new text end	new text begin Individuals with disabilities new text end
new text begin Persons who are disabled new text end	new text begin Individuals with disabilities new text end
new text begin Nondisabled persons new text end	new text begin Individuals without disabilities new text end
new text begin Nondisabled person new text end	new text begin Individual without a disability new text end
new text begin Disabled riders new text end	new text begin Riders with disabilities new text end
new text begin Disabled ridership new text end	new text begin Ridership of individuals with disabilities new text end
new text begin A person or group of persons who are disabled new text end	new text begin An individual with a disability or group of individuals with disabilities new text end
new text begin A disabled family member new text end	new text begin A family member with a disability new text end