HF 133

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human rights; providing for a suspension of the running of the statute
of limitations for sexual harassment claims when employer investigations are
pending; amending Minnesota Statutes 2006, section 363A.28, subdivision 3.

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

Section 1.

Minnesota Statutes 2006, section 363A.28, subdivision 3, is amended to
read:

Subd. 3.

For filing claim; filing options.

new text begin (a) new text end A claim of an unfair discriminatory
practice must be brought as a civil action pursuant to section 363A.33, subdivision 1, filed
in a charge with a local commission pursuant to section 363A.07, subdivision 3, or filed in
a charge with the commissioner within one year after the occurrence of the practice.

new text begin (b) new text end The running of the one-year limitation period is suspended during the time a
potential charging party and respondent are voluntarily engaged in a dispute resolution
process involving a claim of unlawful discrimination under this chapter, including
arbitration, conciliation, mediation or grievance procedures pursuant to a collective
bargaining agreement or statutory, charter, ordinance provisions for a civil service or
other employment system or a school board sexual harassment or sexual violence policy.
A potential respondent who participates in such a process with a potential charging
party before a charge is filed or a civil action is brought shall notify the department and
the charging party in writing of the participation in the process and the date the process
commenced and shall also notify the department and the charging party of the ending date
of the process. A respondent who fails to provide this notification is barred from raising
the defense that the statute of limitations has run unless one year plus a period of time
equal to the suspension period has passed.

new text begin (c) The running of the one-year limitation period for a claim against an employer for
sexual harassment occurring within the scope of employment is suspended during any
period of time when the employer is conducting an investigation of the alleged sexual
harassment in response to a complaint from the potential charging party. The limitation
period does not begin to run again until the employer notifies the potential charging party
of the completion of the investigation, whether the investigation resulted in disciplinary
action, and the final disposition of any disciplinary action.
new text end