SF 1854

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/02/2025 09:41 a.m.

A bill for an act
relating to political activity; prohibiting employers from engaging in reprisals;
prohibiting reprisals for refusing to communicate with public or local officials;
clarifying prohibited reprisals for political activity; providing for a civil cause of
action; amending Minnesota Statutes 2024, section 10A.36.

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

Section 1.

Minnesota Statutes 2024, section 10A.36, is amended to read:

10A.36 REPRISALS PROHIBITED; PENALTY.

new text begin (a) new text end An new text begin employer, new text end individual new text begin , new text end or association must not engage in economic reprisals or
threaten loss of employment or physical coercion against an individual or association because
of that individual's or association's new text begin :
new text end

new text begin (1) new text end political contributions or political activity new text begin including for becoming a candidate for
elected public office, unless precluded by other law; or
new text end

new text begin (2) refusal to communicate with public or local officials to influence a decision about a
legislative or administrative action or the official action of a political subdivision new text end .

new text begin (b) new text end This deleted text begin subdivision deleted text end new text begin section new text end does not apply to compensation for employment deleted text begin or deleted text end new text begin , new text end loss of
employment deleted text begin if deleted text end new text begin , or economic reprisals:
new text end

new text begin (1) if new text end the political affiliation or viewpoint of the employee is a bona fide occupational
qualification of the employment new text begin ; or
new text end

new text begin (2) for communications described in paragraph (a), clause (1), if the individual's
responsibilities, through employment or contract, include communicating with public or
local officials new text end .

new text begin (c) An individual or association injured by a violation of this section may bring a civil
action in district court for damages, injunctive relief, costs and reasonable attorney fees,
and any other relief the court deems just and equitable, including reinstatement of
employment.
new text end

new text begin (d) new text end An new text begin employer, new text end individual new text begin , new text end or association that violates this section is guilty of a gross
misdemeanor. new text begin The board may refer a violation of this section to the appropriate county
attorney.
new text end

new text begin (e) For purposes of this section, "employer" means a person or entity that employs one
or more employees and includes an individual, corporation, partnership, association, business,
trust, nonprofit organization, group of persons, legislature, judicial branch, state, county,
town, city, school district, or other governmental subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to violations
committed on or after that date and to causes of action accruing on or after that date.
new text end