SF 3437

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/30/2025 09:15 a.m.

A bill for an act
relating to human rights; clarifying conduct deemed discriminatory by a place of
public accommodation; amending Minnesota Statutes 2024, section 363A.11,
subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2024, section 363A.11, subdivision 2, is amended to read:

Subd. 2.

General prohibitions.

This subdivision lists general prohibitions against
discrimination on the basis of disability. For purposes of this subdivision, "individual" or
"class of individuals" refers to the clients or customers of the covered public accommodation
that enter into the contractual, licensing, or other arrangement.

(1) It is discriminatory to:

(i) subject an individual or class of individuals on the basis of a disability of that
individual or class, directly or through contractual, licensing, or other arrangements, to a
denial of the opportunity of the individual or class to participate in or benefit from the goods,
services, facilities, privileges, advantages, or accommodations of an entity;

(ii) afford an individual or class of individuals on the basis of the disability of that
individual or class, directly or through contractual, licensing, or other arrangements, with
the opportunity to participate in or benefit from the goods, services, facilities, privileges,
advantages, or accommodations that are not equal to those afforded to other individuals;

(iii) provide an individual or class of individuals, on the basis of a disability of that
individual or class, directly or through contractual, licensing, or other arrangements, with
goods, services, facilities, privileges, advantages, or accommodations that are different or
separate from those provided to other individuals, unless the action is necessary to provide
the individual or class of individuals with goods, services, facilities, privileges, advantages,
or accommodations, or other opportunities that are as effective as those provided to others;
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(iv) not provide a deaf or hard-of-hearing individual or class of deaf or hard-of-hearing
individuals with closed-captioned television when television services are provided to other
individuals deleted text begin . deleted text end new text begin ; and
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new text begin (v) not provide an individual or class of individuals, on the basis of a mobility disability
of that individual or class, accessible medical equipment necessary to provide the individual
or class of individuals with full access to health care services and facilities equal to that of
an individual or class of individuals without a mobility disability. Accessible medical
equipment includes but is not limited to:
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new text begin (A) accessible, adjustable height examination tables and chairs;
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new text begin (B) manual transfer items, such as a transfer board and strap;
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new text begin (C) portable floor lifts; and
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new text begin (D) overhead track lifts.
new text end

(2) Goods, services, facilities, privileges, advantages, and accommodations must be
afforded to an individual with a disability in the most integrated setting appropriate to the
needs of the individual.

(3) Notwithstanding the existence of separate or different programs or activities provided
in accordance with sections 363A.08 to 363A.19, and 363A.28, subdivision 10, the individual
with a disability may not be denied the opportunity to participate in the programs or activities
that are not separate or different.

(4) An individual or entity may not, directly or through contractual or other arrangements,
use standards or criteria and methods of administration:

(i) that have the effect of discriminating on the basis of disability; or

(ii) that perpetuate the discrimination of others who are subject to common administrative
control.

Sec. 2.

Minnesota Statutes 2024, section 363A.11, subdivision 3, is amended to read:

Subd. 3.

Specific prohibitions.

This subdivision lists specific prohibitions against
discrimination on the basis of disability. For purposes of this subdivision, discrimination
includes:

(1) the imposition or application of eligibility criteria that screen out or tend to screen
out an individual with a disability or any class of individuals with disabilities from fully
and equally enjoying any goods, services, facilities, privileges, advantages, or
accommodations, unless the criteria can be shown to be necessary for the provision of the
goods, services, facilities, privileges, advantages, or accommodations;

(2) failure to make reasonable modifications in policies, practices, or procedures when
the modifications are necessary to afford the goods, services, facilities, privileges, advantages,
or accommodations to individuals with disabilities, unless the entity can demonstrate that
making the modifications would fundamentally alter the nature of the goods, services,
facilities, privileges, advantages, or accommodations;

(3) failure to take all necessary steps to ensure that no individual with a disability is
excluded, denied services, segregated, or otherwise treated differently than other individuals
because of the absence of auxiliary aids and services, unless the entity can demonstrate that
taking the steps would fundamentally alter the nature of the goods, services, facilities,
privileges, advantages, or accommodations being offered and would result in an undue
burden;

(4) failure to remove architectural barriers, and communication barriers that are structural
in nature, in existing facilities, and transportation barriers in existing vehicles used by an
establishment for transporting individuals, not including barriers that can only be removed
through the retrofitting of vehicles by the installation of hydraulic or other lifts, if the removal
is readily achievable; deleted text begin and
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(5) if an entity can demonstrate that the removal of a barrier under clause (4) is not
readily achievable or cannot be considered a reasonable accommodation, a failure to make
the goods, services, facilities, privileges, advantages, or accommodations available through
alternative means if the means are readily achievable deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) failure to provide an individual with a mobility disability receiving health care services
at any clinical setting that moves patients, as defined in section 182.6552, with accessible
medical equipment, including but not limited to:
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new text begin (i) accessible, adjustable height examination tables and chairs;
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new text begin (ii) manual transfer items, such as a transfer board and strap;
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new text begin (iii) portable floor lifts; and
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new text begin (iv) overhead track lifts.
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