HF 330

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human rights; prohibiting employers from 
  1.3             asking employees to furnish information regarding 
  1.4             unlawful discrimination complaints or charges they 
  1.5             have made; lengthening the statute of limitations for 
  1.6             certain human rights act violations; limiting the 
  1.7             discovery and admission of certain evidence in sexual 
  1.8             harassment cases; amending Minnesota Statutes 1994, 
  1.9             sections 363.03, subdivision 1; 363.06, subdivision 3; 
  1.10            and 363.116; proposing coding for new law in Minnesota 
  1.11            Statutes, chapter 363. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1994, section 363.03, 
  1.14  subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [EMPLOYMENT.] Except when based on a bona 
  1.16  fide occupational qualification, it is an unfair employment 
  1.17  practice:  
  1.18     (1) For a labor organization, because of race, color, 
  1.19  creed, religion, national origin, sex, marital status, status 
  1.20  with regard to public assistance, disability, sexual 
  1.21  orientation, or age, 
  1.22     (a) to deny full and equal membership rights to a person 
  1.23  seeking membership or to a member; 
  1.24     (b) to expel a member from membership; 
  1.25     (c) to discriminate against a person seeking membership or 
  1.26  a member with respect to hiring, apprenticeship, tenure, 
  1.27  compensation, terms, upgrading, conditions, facilities, or 
  1.28  privileges of employment; or 
  2.1      (d) to fail to classify properly, or refer for employment 
  2.2   or otherwise to discriminate against a person or member.  
  2.3      (2) For an employer, because of race, color, creed, 
  2.4   religion, national origin, sex, marital status, status with 
  2.5   regard to public assistance, membership or activity in a local 
  2.6   commission, disability, sexual orientation, or age, 
  2.7      (a) to refuse to hire or to maintain a system of employment 
  2.8   which unreasonably excludes a person seeking employment; or 
  2.9      (b) to discharge an employee; or 
  2.10     (c) to discriminate against a person with respect to 
  2.11  hiring, tenure, compensation, terms, upgrading, conditions, 
  2.12  facilities, or privileges of employment.  
  2.13     (3) For an employment agency, because of race, color, 
  2.14  creed, religion, national origin, sex, marital status, status 
  2.15  with regard to public assistance, disability, sexual 
  2.16  orientation, or age, 
  2.17     (a) to refuse or fail to accept, register, classify 
  2.18  properly, or refer for employment or otherwise to discriminate 
  2.19  against a person; or 
  2.20     (b) to comply with a request from an employer for referral 
  2.21  of applicants for employment if the request indicates directly 
  2.22  or indirectly that the employer fails to comply with the 
  2.23  provisions of this chapter.  
  2.24     (4) For an employer, employment agency, or labor 
  2.25  organization, before a person is employed by an employer or 
  2.26  admitted to membership in a labor organization, to 
  2.27     (a) require or request the person to furnish information 
  2.28  that pertains to race, color, creed, religion, national origin, 
  2.29  sex, marital status, status with regard to public assistance, 
  2.30  disability, sexual orientation, or age; or, subject to section 
  2.31  363.02, subdivision 1, to require or request a person to undergo 
  2.32  physical examination; unless for the sole and exclusive purpose 
  2.33  of national security, information pertaining to national origin 
  2.34  is required by the United States, this state or a political 
  2.35  subdivision or agency of the United States or this state, or for 
  2.36  the sole and exclusive purpose of compliance with the public 
  3.1   contracts act or any rule, regulation, or laws of the United 
  3.2   States or of this state requiring the information or 
  3.3   examination.  A law enforcement agency may, after notifying an 
  3.4   applicant for a peace officer or part-time peace officer 
  3.5   position that the law enforcement agency is commencing the 
  3.6   background investigation on the applicant, request the 
  3.7   applicant's date of birth, gender, and race on a separate form 
  3.8   for the sole and exclusive purpose of conducting a criminal 
  3.9   history check, a driver's license check, and fingerprint 
  3.10  criminal history inquiry.  The form shall include a statement 
  3.11  indicating why the data is being collected and what its limited 
  3.12  use will be.  No document which has date of birth, gender, or 
  3.13  race information will be included in the information given to or 
  3.14  available to any person who is involved in selecting the person 
  3.15  or persons employed other than the background investigator.  No 
  3.16  person may act both as background investigator and be involved 
  3.17  in the selection of an employee except that the background 
  3.18  investigator's report about background may be used in that 
  3.19  selection as long as no direct or indirect references are made 
  3.20  to the applicant's race, age, or gender; or 
  3.21     (b) seek and obtain for purposes of making a job decision, 
  3.22  information from any source that pertains to the person's race, 
  3.23  color, creed, religion, national origin, sex, marital status, 
  3.24  status with regard to public assistance, disability, sexual 
  3.25  orientation, or age, unless for the sole and exclusive purpose 
  3.26  of compliance with the public contracts act or any rule, 
  3.27  regulation, or laws of the United States or of this state 
  3.28  requiring the information; or 
  3.29     (c) cause to be printed or published a notice or 
  3.30  advertisement that relates to employment or membership and 
  3.31  discloses a preference, limitation, specification, or 
  3.32  discrimination based on race, color, creed, religion, national 
  3.33  origin, sex, marital status, status with regard to public 
  3.34  assistance, disability, sexual orientation, or age; or 
  3.35     (d) require or request the person to furnish information 
  3.36  regarding any complaints or charges the person has made alleging 
  4.1   unlawful discrimination.  
  4.2      Any individual who is required to provide information that 
  4.3   is prohibited by this subdivision is an aggrieved party under 
  4.4   section 363.06.  
  4.5      (5) For an employer, an employment agency, or a labor 
  4.6   organization, with respect to all employment related purposes, 
  4.7   including receipt of benefits under fringe benefit programs, not 
  4.8   to treat women affected by pregnancy, childbirth, or 
  4.9   disabilities related to pregnancy or childbirth, the same as 
  4.10  other persons who are not so affected but who are similar in 
  4.11  their ability or inability to work, including a duty to make 
  4.12  reasonable accommodations as provided by paragraph (6).  
  4.13     (6) For an employer with a number of part-time or full-time 
  4.14  employees for each working day in each of 20 or more calendar 
  4.15  weeks in the current or preceding calendar year equal to or 
  4.16  greater than 25 effective July 1, 1992, and equal to or greater 
  4.17  than 15 effective July 1, 1994, an employment agency, or a labor 
  4.18  organization, not to make reasonable accommodation to the known 
  4.19  disability of a qualified disabled person or job applicant 
  4.20  unless the employer, agency, or organization can demonstrate 
  4.21  that the accommodation would impose an undue hardship on the 
  4.22  business, agency, or organization.  "Reasonable accommodation" 
  4.23  means steps which must be taken to accommodate the known 
  4.24  physical or mental limitations of a qualified disabled person.  
  4.25  "Reasonable accommodation" may include but is not limited to, 
  4.26  nor does it necessarily require:  (a) making facilities readily 
  4.27  accessible to and usable by disabled persons; and (b) job 
  4.28  restructuring, modified work schedules, reassignment to a vacant 
  4.29  position, acquisition or modification of equipment or devices, 
  4.30  and the provision of aides on a temporary or periodic basis.  
  4.31     In determining whether an accommodation would impose an 
  4.32  undue hardship on the operation of a business or organization, 
  4.33  factors to be considered include:  
  4.34     (a) the overall size of the business or organization with 
  4.35  respect to number of employees or members and the number and 
  4.36  type of facilities; 
  5.1      (b) the type of the operation, including the composition 
  5.2   and structure of the work force, and the number of employees at 
  5.3   the location where the employment would occur; 
  5.4      (c) the nature and cost of the needed accommodation; 
  5.5      (d) the reasonable ability to finance the accommodation at 
  5.6   each site of business; and 
  5.7      (e) documented good faith efforts to explore less 
  5.8   restrictive or less expensive alternatives, including 
  5.9   consultation with the disabled person or with knowledgeable 
  5.10  disabled persons or organizations.  
  5.11     A prospective employer need not pay for an accommodation 
  5.12  for a job applicant if it is available from an alternative 
  5.13  source without cost to the employer or applicant.  
  5.14     Sec. 2.  Minnesota Statutes 1994, section 363.06, 
  5.15  subdivision 3, is amended to read: 
  5.16     Subd. 3.  [TIME FOR FILING CLAIM.] A claim of an unfair 
  5.17  discriminatory practice must be brought as a civil action 
  5.18  pursuant to section 363.14, subdivision 1, clause (a), filed in 
  5.19  a charge with a local commission pursuant to section 363.116, or 
  5.20  filed in a charge with the commissioner within one year two 
  5.21  years after the occurrence of the practice.  The running of 
  5.22  the one-year two-year limitation period is suspended during the 
  5.23  time a potential charging party and respondent are voluntarily 
  5.24  engaged in a dispute resolution process involving a claim of 
  5.25  unlawful discrimination under this chapter, including 
  5.26  arbitration, conciliation, mediation or grievance procedures 
  5.27  pursuant to a collective bargaining agreement or statutory, 
  5.28  charter, ordinance provisions for a civil service or other 
  5.29  employment system or a school board sexual harassment or sexual 
  5.30  violence policy.  A potential respondent who participates in 
  5.31  such a process with a potential charging party before a charge 
  5.32  is filed or a civil action is brought shall notify the 
  5.33  department and the charging party in writing of the 
  5.34  participation in the process and the date the process commenced 
  5.35  and shall also notify the department and the charging party of 
  5.36  the ending date of the process.  A respondent who fails to 
  6.1   provide this notification is barred from raising the defense 
  6.2   that the statute of limitations has run unless one year two 
  6.3   years plus a period of time equal to the suspension period has 
  6.4   passed.  
  6.5      Sec. 3.  Minnesota Statutes 1994, section 363.116, is 
  6.6   amended to read: 
  6.7      363.116 [TRANSFER TO COMMISSIONER.] 
  6.8      A local commission may refer a matter under its 
  6.9   jurisdiction to the commissioner.  
  6.10     The charging party has the option of filing a charge either 
  6.11  with a local commission or the department.  Notwithstanding the 
  6.12  provisions of any ordinance or resolution to the contrary, a 
  6.13  charge may be filed with a local commission within one year two 
  6.14  years after the occurrence of the practice.  The exercise of 
  6.15  such choice in filing a charge with one agency shall preclude 
  6.16  the option of filing the same charge with the other agency.  At 
  6.17  the time a charge comes to the attention of a local agency, the 
  6.18  agency or its representative shall inform the charging party of 
  6.19  this option, and of the party's rights under Laws 1967, chapter 
  6.20  897.  
  6.21     Where this chapter provides additional protections and 
  6.22  remedies not provided for under a local antidiscrimination 
  6.23  ordinance, the local commission shall advise a party bringing a 
  6.24  charge under a local ordinance of those additional protections 
  6.25  and remedies and of the option to file a charge under this 
  6.26  chapter.  
  6.27     The term "local commission" as used in this section has the 
  6.28  same meaning given the term in section 363.115.  
  6.29     Sec. 4.  [363.16] [LIMITATION ON DISCOVERY AND ADMISSION OF 
  6.30  EVIDENCE.] 
  6.31     In any action, hearing, or proceeding involving allegations 
  6.32  of sexual harassment, evidence regarding the complainant's 
  6.33  sexual conduct with individuals other than the alleged 
  6.34  perpetrator or evidence of the medical or psychological history 
  6.35  of the complainant more than one year prior to the alleged 
  6.36  sexual harassment is not discoverable or admissible unless the 
  7.1   party seeking discovery or admission makes the showing required 
  7.2   under this section.  The evidence is not discoverable unless the 
  7.3   party establishes specific facts showing good cause to believe 
  7.4   that the evidence is material and relevant to the subject matter 
  7.5   of the action.  The evidence is not admissible unless the party 
  7.6   makes a substantial showing that the evidence is material and 
  7.7   relevant to the subject matter of the action.  The showing must 
  7.8   be made by noticed motion and may not be made or considered ex 
  7.9   parte. 
  7.10     Sec. 5.  [EFFECTIVE DATE.] 
  7.11     Sections 2 and 3 are effective August 1, 1995, and apply to 
  7.12  unfair discriminatory practices that occur on or after August 1, 
  7.13  1994.