HF 476

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human rights; making agency technical
changes; amending Minnesota Statutes 2004, sections
363A.02, subdivisions 1, 2; 363A.03, subdivisions 1,
2, 5, 8, 14, 21, 31, 35, 42, by adding subdivisions;
363A.04; 363A.06; 363A.08, subdivisions 1, 2, 3, 4, 6;
363A.09, subdivision 4; 363A.11, subdivision 4;
363A.12, subdivision 1; 363A.13, subdivision 4;
363A.15; 363A.17; 363A.19; 363A.20, subdivision 4;
363A.21, subdivisions 1, 2; 363A.28, subdivisions 1,
6, 7; 363A.29, subdivision 2; 363A.40, subdivision 1;
repealing Minnesota Statutes 2004, section 363A.03,
subdivisions 3, 29.

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

ARTICLE 1

CLARIFYING AMENDMENTS

Section 1.

Minnesota Statutes 2004, section 363A.03,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin terms deleted text end new text begin scope new text end .

For the purposes of this
chapter, the words defined in this section have the meanings
deleted text begin ascribed to deleted text end new text begin given new text end them.

Sec. 2.

Minnesota Statutes 2004, section 363A.03,
subdivision 2, is amended to read:

Subd. 2.

Age.

The prohibition against unfair employment
or education practices based on age prohibits using a person's
age as a basis for a decision if the person is over the age
of deleted text begin majority deleted text end new text begin 18 years, new text end except for section 363A.13 which shall be
deemed to protect any individual over the age of 25 years.

Sec. 3.

Minnesota Statutes 2004, section 363A.03,
subdivision 5, is amended to read:

Subd. 5.

Charging party.

"Charging party" means a person
filing a new text begin verified new text end charge with the commissioner or the
commissioner's designated agent pursuant to section 363A.28,
subdivision 1.

Sec. 4.

Minnesota Statutes 2004, section 363A.03,
subdivision 8, is amended to read:

Subd. 8.

Complainant.

"Complainant" means the
commissioner of human rights after deleted text begin issuing deleted text end new text begin a finding of probable
cause is made by the commissioner and the commissioner issues new text end a
complaint pursuant to sections 363A.06, subdivision 3, paragraph
(8), and 363A.28, subdivisions 1 to 9.

Sec. 5.

Minnesota Statutes 2004, section 363A.03,
subdivision 14, is amended to read:

Subd. 14.

Educational institution.

"Educational
institution" means a public or private institution and includes
an academy, college, elementary or secondary school, extension
course, kindergarten, nursery, school system and a business,
nursing, professional, secretarial, technical, vocational
school; and includes an agent of an educational
institution. new text begin "Educational institution" also includes "religious
or denominational educational institution" as defined in section
363A.03, subdivision 40.
new text end

Sec. 6.

Minnesota Statutes 2004, section 363A.03,
subdivision 21, is amended to read:

Subd. 21.

Human rights investigative data.

"Human rights
investigative data" means written documents new text begin , audio and video
tapes, or other electronically and technologically created or
transmitted data, new text end issued or gathered by the department for the
purpose of investigating and prosecuting alleged or suspected
discrimination.

Sec. 7.

Minnesota Statutes 2004, section 363A.03,
subdivision 35, is amended to read:

Subd. 35.

Public service.

"Public service" means any
public facility, department, agency, new text begin council, new text end board or
commission, owned, operated or managed by or on behalf of the
state of Minnesota, or any subdivision thereof, including any
county, city, town, township, or independent district in the
state.

Sec. 8.

Minnesota Statutes 2004, section 363A.06, is
amended to read:

363A.06 POWERS AND DUTIES OF COMMISSIONER.

Subdivision 1.

Formulation of policies.

The commissioner
shall formulate policies to effectuate the purposes of this
chapter and shall:

(1) exercise leadership under the direction of the governor
in the development of human rights policies new text begin , procedures, new text end and
programs, and make recommendations to the governor and the
legislature for their consideration and implementation;

(2) establish and maintain a principal office in St. Paul,
and any other necessary branch offices at any location within
the state;

(3) meet and function at any place within the state;

(4) employ attorneys, clerks, and other employees and
agents as the commissioner may deem necessary and prescribe
their duties;

(5) to the extent permitted by federal new text begin and state new text end law and
regulation, utilize the records new text begin and services new text end of deleted text begin the Department
of Employment and Economic Development of the state deleted text end new text begin all state
governmental departments and agencies new text end when necessary to
effectuate the purposes of this chapter;

(6) deleted text begin obtain upon request and utilize the services of all
state governmental departments and agencies;
deleted text end

deleted text begin (7) deleted text end adopt suitable rules for effectuating the purposes of
this chapter;

deleted text begin (8) deleted text end new text begin (7) new text end issue complaints, receive and investigate charges
alleging unfair discriminatory practices, and determine whether
or not probable cause exists for hearing;

deleted text begin (9) deleted text end new text begin (8) new text end subpoena witnesses, administer oaths, take
testimony, and require the production for examination of any
books or papers relative to any matter under investigation or in
question as the commissioner deems appropriate to carry out the
purposes of this chapter;

deleted text begin (10) deleted text end new text begin (9) new text end attempt, by means of education, conference,
conciliation, and persuasion to eliminate unfair discriminatory
practices as being contrary to the public policy of the state;

deleted text begin (11) deleted text end new text begin (10) new text end develop and conduct programs of formal and
informal education designed to eliminate discrimination and
intergroup conflict by use of educational techniques and
programs the commissioner deems necessary;

deleted text begin (12) deleted text end new text begin (11) new text end make a written report of the activities of the
commissioner to the governor each year;

deleted text begin (13) deleted text end new text begin (12) new text end accept gifts, bequests, grants or other payments
public and private to help finance the activities of the
department;

deleted text begin (14) deleted text end new text begin (13) new text end create such local and statewide advisory
committees as will in the commissioner's judgment aid in
effectuating the purposes of the Department of Human Rights;

new text begin (14) provide staff services to such advisory committees as
may be created in aid of the functions of the Department of
Human Rights;
new text end

(15) develop such programs as will aid in determining the
compliance throughout the state with the provisions of this
chapter, and in the furtherance of such duties, conduct research
and study discriminatory practices based upon race, color,
creed, religion, national origin, sex, age, disability, marital
status, status with regard to public assistance, familial
status, sexual orientation, new text begin membership or activity in a local
human rights commission, new text end or other factors deleted text begin and deleted text end new text begin . new text end Develop accurate
data on the nature and extent of discrimination and other
matters as they may affect housing, employment, public
accommodations, deleted text begin schools, and other areas of public life deleted text end new text begin public
services, education, credit, and business new text end ;

(16) develop and disseminate technical assistance to
persons subject to the provisions of this chapter, and to
agencies and officers of governmental and private agencies;

deleted text begin (17) provide staff services to such advisory committees as
may be created in aid of the functions of the Department of
Human Rights;
deleted text end

deleted text begin (18) deleted text end new text begin (17) new text end make grants in aid to the extent that
appropriations are made available for deleted text begin that deleted text end new text begin the new text end purpose deleted text begin in aid deleted text end of
carrying out new text begin the new text end duties and responsibilities new text begin of this chapter new text end ;
and

deleted text begin (19) deleted text end new text begin (18) new text end cooperate and consult with the commissioner of
labor and industry regarding the investigation of violations of,
and resolution of complaints regarding section 363A.08,
subdivision 7.

In performing these duties, the commissioner shall give
priority to those duties in clauses new text begin (7), new text end (8), new text begin and new text end (9) deleted text begin , and (10)
deleted text end and to the duties in section 363A.36.

Subd. 2.

Service, enforcement, and effect of subpoena.

(a) Disobedience of a subpoena issued by the commissioner
pursuant to subdivision 1 new text begin , clause (8), new text end shall be punishable in
like manner as a contempt of the district court in proceedings
instituted upon application of the commissioner made to the
district court of the county where the alleged unfair
discriminatory practice in connection with a charge made by a
charging party or a complaint filed by the commissioner has
occurred or where the respondent resides or has a principal
place of business.

(b) It is not a violation of rights conferred by chapter 13
or any other statute related to the confidentiality of
government data for a state agency, statewide system, or
political subdivision, as defined in section 13.02, subdivision
11, to provide data or information under a subpoena issued by
the commissioner under this section.

(c) A subpoena issued under subdivision 1 new text begin , clause (8), new text end must
be served personally or by mailing a copy of the subpoena, by
first class mail, postage prepaid, to the person to be served.
The subpoena must include two copies of a notice and
acknowledgment of service on a form to be provided by the
commissioner, and a return envelope, postage prepaid, addressed
to the sender. If acknowledgment of service is not received by
the commissioner within 20 days, service is not effective.
Unless good cause is shown for not doing so, a court or
administrative law judge shall order the payment of the costs of
personal service by the person served if the person does not
complete and return the notice and acknowledgment of receipt of
the subpoena within the time allowed.

Subd. 3.

Mission; efficiency.

It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:

(1) prevent the waste or unnecessary spending of public
money;

(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;

(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;

(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access
to information about government, and increase public
participation in the business of government;

(5) utilize constructive and cooperative labor-management
practices deleted text begin to the extent otherwise deleted text end new text begin as new text end required by chapters 43A
and 179A;

(6) report to the legislature on the performance of agency
operations and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10,
subdivision 1; and

(7) recommend to the legislature appropriate changes in law
necessary to carry out the mission and improve the performance
of the department.

Subd. 4.

Publication of case account.

The commissioner
may publish an account of a case in which the complaint has been
dismissed or the terms of settlement of a case that has been
voluntarily adjusted. Except as provided in other sections of
this chapter, the commissioner shall not disclose any
information concerning deleted text begin efforts deleted text end new text begin settlement negotiations new text end in a
particular case deleted text begin to eliminate an unfair discriminatory practice
through education, conference, conciliation and persuasion deleted text end new text begin prior
to final resolution new text end .

Sec. 9.

Minnesota Statutes 2004, section 363A.08,
subdivision 6, is amended to read:

Subd. 6.

Reasonable accommodation.

Except when based on
a bona fide occupational qualification, it is an unfair
employment practice for an employer deleted text begin with a number of deleted text end new text begin who employs
equal to or greater than 15 new text end 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 deleted text begin equal to or greater than 25
effective July 1, 1992, and equal to or greater than 15
effective July 1, 1994 deleted text end , an employment agency, or a labor
organization, not to make reasonable accommodation to the known
disability of a qualified disabled person or job applicant
unless the employer, agency, or organization can demonstrate
that the accommodation would impose an undue hardship on the
business, agency, or organization. "Reasonable accommodation"
means steps which must be taken to accommodate the known
physical or mental limitations of a qualified disabled person.
"Reasonable accommodation" may include but is not limited to,
nor does it necessarily require: (a) making facilities readily
accessible to and usable by disabled persons; and (b) 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.

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

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

(b) 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;

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

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

(e) documented good faith efforts to explore less
restrictive or less expensive alternatives, including
consultation with the disabled person or with knowledgeable
disabled persons or organizations.

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. 10.

Minnesota Statutes 2004, section 363A.11,
subdivision 4, is amended to read:

Subd. 4.

Direct threat to health and safety.

Nothing in
this chapter requires an entity to permit an individual to
participate in and benefit from the goods, services, facilities,
privileges, advantages, and accommodations of the entity if the
individual poses a direct threat new text begin , as defined in section 363A.03,
subdivision 11a, new text end to the health or safety of others. deleted text begin "Direct
threat" means a significant risk to the health or safety of
others that cannot be eliminated by a modification of policies,
practices, or procedures or by the provision of auxiliary aids
or services.
deleted text end

Sec. 11.

Minnesota Statutes 2004, section 363A.13,
subdivision 4, is amended to read:

Subd. 4.

Purpose for information and record.

It is an
unfair discriminatory practice to make or use a written or oral
inquiry or form of application new text begin for admission new text end that elicits or
attempts to elicit information, or to new text begin make or new text end keep a record
concerning the race, color, national origin, sex, age, or
marital status of a person seeking admission, unless the
information is collected for purposes of evaluating the
effectiveness of recruitment, admissions, and other educational
policies, and is maintained separately from the application.

Sec. 12.

Minnesota Statutes 2004, section 363A.17, is
amended to read:

363A.17 BUSINESS DISCRIMINATION.

It is an unfair discriminatory practice for a person
engaged in a trade or business or in the provision of a service:

new text begin (a) to intentionally refuse to do business with, to refuse
to contract with, to refuse to provide a service to or to
discriminate in the basic terms, conditions, or performance of
the contract because of a person's race, national origin, color,
sex, sexual orientation, or disability, unless the alleged
refusal or discrimination is because of a legitimate business
purpose;
new text end

deleted text begin (a) deleted text end new text begin (b) new text end to refuse to do business with or provide a service
to a woman based on her use of her current or former surname; or

deleted text begin (b) deleted text end new text begin (c) new text end to impose, as a condition of doing business with or
providing a service to a woman, that a woman use her current
surname rather than a former surname deleted text begin ; or
deleted text end

deleted text begin (c) to intentionally refuse to do business with, to refuse
to contract with, or to discriminate in the basic terms,
conditions, or performance of the contract because of a person's
race, national origin, color, sex, sexual orientation, or
disability, unless the alleged refusal or discrimination is
because of a legitimate business purpose deleted text end .

Nothing in this section shall prohibit positive action
plans.

Sec. 13.

Minnesota Statutes 2004, section 363A.19, is
amended to read:

363A.19 DISCRIMINATION AGAINST BLIND, DEAF, OR OTHER
PERSONS WITH PHYSICAL OR SENSORY DISABILITIES PROHIBITED.

(a) It is an unfair discriminatory practice for an owner,
operator, or manager of a hotel, restaurant, public conveyance,
or other new text begin place of new text end public deleted text begin place deleted text end new text begin accommodation as defined in
section 363A.03, subdivision 34, new text end to prohibit a blind or deaf
person or a person with a physical or sensory disability from
taking a service animal into the public place or conveyance if
the service animal can be properly identified as being from a
recognized program which trains service animals to aid blind or
deaf persons or persons with physical or sensory disabilities,
and if the animal is properly harnessed or leashed so that the
blind or deaf person or a person with a physical or sensory
disability may maintain control of the animal.

(b) No person shall require a blind, physically
handicapped, or deaf person to make an extra payment or pay an
additional charge when taking a service animal into any of the
public places referred to in paragraph (a).

Sec. 14.

Minnesota Statutes 2004, section 363A.20,
subdivision 4, is amended to read:

Subd. 4.

Employment selection.

The provisions of section
363A.08 do not apply to the employment of one person in place of
another new text begin which new text end , standing by itself, shall not be new text begin considered
new text end evidence of an unfair discriminatory practice.

Sec. 15.

Minnesota Statutes 2004, section 363A.21,
subdivision 1, is amended to read:

Subdivision 1.

Housing.

The provisions of section
363A.09 shall not apply to:

(a) rooms in a temporary or permanent residence home run by
a nonprofit organization, if the discrimination is deleted text begin by deleted text end new text begin on the
basis of new text end sex;

(b) the rental by a resident owner or occupier of a
one-family accommodation of a room or rooms in the accommodation
to another person or persons if the discrimination is deleted text begin by deleted text end new text begin on the
basis of new text end sex, marital status, status with regard to public
assistance, sexual orientation, or disability. Except as
provided elsewhere in this chapter or other state or federal
law, no person or group of persons selling, renting, or leasing
property is required to modify the property in any way, or
exercise a higher degree of care for a person having a
disability than for a person who does not have a disability; nor
shall this chapter be construed to relieve any person or persons
of any obligations generally imposed on all persons regardless
of any disability in a written lease, rental agreement, or
contract of purchase or sale, or to forbid distinctions based on
the inability to fulfill the terms and conditions, including
financial obligations of the lease, agreement, or contract; or

(c) the rental by a resident owner of a unit in a dwelling
containing not more than two units, if the discrimination is on
the basis of sexual orientation.

Sec. 16.

Minnesota Statutes 2004, section 363A.21,
subdivision 2, is amended to read:

Subd. 2.

Familial status.

(a) The provisions of section
363A.09 prohibiting discrimination deleted text begin because deleted text end new text begin on the basis new text end of
familial status shall not be construed to defeat the
applicability of any local, state, or federal restrictions
regarding the maximum number of occupants permitted to occupy a
dwelling unit and shall not apply to any owner occupied building
containing four or fewer dwelling units or housing for elderly
persons.

(b) "Housing for elderly persons" means housing:

(1) provided under any state or federal program that the
commissioner determines is specifically designed and operated to
assist elderly persons, as defined in the state or federal
program;

(2) intended for, and solely occupied by, persons 62 years
of age or older; or

(3) intended and operated for occupancy by at least one
person 55 years of age or older per unit, provided that at least
80 percent of the units are occupied by at least one person 55
years of age or older per unit, and there is publication of, and
adherence to, policies and procedures that demonstrate an intent
by the owner or manager to provide housing for persons 55 years
of age or older.

(c) Housing does not fail to meet the requirements for
housing for elderly persons by reason of persons residing in the
housing as of August 1, 1989, who do not meet the age
requirements of paragraph (b), clauses (2) and (3), if new
occupants of the housing meet the age requirements of paragraph
(b), clause (2) or (3). In addition, housing does not fail to
meet the requirements by reason of unoccupied units if
unoccupied units are reserved for occupancy by persons who meet
the age requirements of paragraph (b), clause (2) or (3).

Sec. 17.

Minnesota Statutes 2004, section 363A.28,
subdivision 1, is amended to read:

Subdivision 1.

Actions.

Any person aggrieved by a
violation of this chapter may bring a civil action as provided
in section 363A.33, subdivision 1, or may file a verified charge
with the commissioner or the commissioner's designated agent. A
new text begin verified new text end charge filed with the commissioner must be in writing
on a form provided by the commissioner and signed by the
charging party. The charge must state the name of the person
alleged to have committed an unfair discriminatory practice and
set out a summary of the details of the practice complained of.
The commissioner may require a charging party to provide the
address of the person alleged to have committed the unfair
discriminatory practice, names of witnesses, documents, and any
other information necessary to process the charge. The
commissioner may dismiss a charge when the charging party fails
to provide required information. The commissioner within ten
days of the filing shall serve a copy of the charge and a form
for use in responding to the charge upon the respondent
personally or by mail. The respondent shall file with the
department a written response setting out a summary of the
details of the respondent's position relative to the charge
within 20 days of receipt of the charge. If the respondent
fails to respond with a written summary of the details of the
respondent's position within 30 days after service of the
charge, and service was consistent with Rule 4 of the Rules of
Civil Procedure, the commissioner, on behalf of the complaining
party, may bring an action for default in district court
pursuant to Rule 55.01 of the Rules of Civil Procedure.

Sec. 18.

Minnesota Statutes 2004, section 363A.28,
subdivision 6, is amended to read:

Subd. 6.

Charge processing.

(1) Consistent with clause
(7), the commissioner shall promptly inquire into the truth of
the allegations of the charge. The commissioner shall make an
immediate inquiry when a charge alleges actual or threatened
physical violence. The commissioner shall also make an
immediate inquiry when it appears that a charge is frivolous or
without merit and shall dismiss those charges.

The commissioner shall give priority to investigating and
processing those charges, in the order below, which the
commissioner determines have the following characteristics:

(a) there is evidence of irreparable harm if immediate
action is not taken;

(b) there is evidence that the respondent has intentionally
engaged in a reprisal;

(c) a significant number of recent charges have been filed
against the respondent;

(d) the respondent is a government entity;

(e) there is potential for broadly promoting the policies
of this chapter; or

(f) the charge is supported by substantial and credible
documentation, witnesses, or other evidence.

The commissioner shall inform charging parties of these
priorities and shall tell each party if their charge is a
priority case or not.

On other charges the commissioner shall make a
determination within 12 months after the charge was filed as to
whether or not there is probable cause to credit the allegation
of unfair discriminatory practices deleted text begin , and deleted text end new text begin .
new text end

(2) If the commissioner determines after investigation that
no probable cause exists to credit the allegations of the unfair
discriminatory practice, the commissioner shall, within ten days
of the determination, serve upon the charging party and
respondent written notice of the determination. Within ten days
after receipt of notice, the charging party may request in
writing, on forms prepared by the department, that the
commissioner reconsider the determination. The request shall
contain a brief statement of the reasons for and new evidence in
support of the request for reconsideration. At the time of
submission of the request to the commissioner, the charging
party shall deliver or mail to the respondent a copy of the
request for reconsideration. The commissioner shall reaffirm,
reverse, or vacate and remand for further consideration the
determination of no probable cause within 20 days after receipt
of the request for reconsideration, and shall within ten days
notify in writing the charging party and respondent of the
decision to reaffirm, reverse, or vacate and remand for further
consideration.

A decision by the commissioner that no probable cause
exists to credit the allegations of an unfair discriminatory
practice shall not be appealed to the Court of Appeals pursuant
to section 363A.36 or sections 14.63 to 14.68.

(3) If the commissioner determines after investigation that
probable cause exists to credit the allegations of unfair
discriminatory practices, the commissioner shall serve on the
respondent and the respondent's attorney if the respondent is
represented by counsel, by first class mail, a notice setting
forth a deleted text begin short plain written statement deleted text end new text begin memorandum new text end of the alleged
facts which support the finding of probable cause and an
enumeration of the provisions of law allegedly violated. If the
commissioner determines that attempts to eliminate the alleged
unfair practices through conciliation pursuant to subdivision 8
have been or would be unsuccessful or unproductive, the
commissioner shall issue a complaint and serve on the
respondent, by registered or certified mail, a written notice of
hearing together with a copy of the complaint, requiring the
respondent to answer the allegations of the complaint at a
hearing before an administrative law judge at a time and place
specified in the notice, not less than ten days after service of
said complaint. A copy of the notice shall be furnished to the
charging party and the attorney general.

(4) If, at any time after the filing of a charge, the
commissioner has reason to believe that a respondent has engaged
in any unfair discriminatory practice, the commissioner may file
a petition in the district court in a county in which the
subject of the complaint occurs, or in a county in which a
respondent resides or transacts business, seeking appropriate
temporary relief against the respondent, pending final
determination of proceedings under this chapter, including an
order or decree restraining the respondent from doing or
procuring an act tending to render ineffectual an order the
commissioner may enter with respect to the complaint. The court
shall have power to grant temporary relief or a restraining
order as it deems just and proper, but no relief or order
extending beyond ten days shall be granted except by consent of
the respondent or after hearing upon notice to the respondent
and a finding by the court that there is reasonable cause to
believe that the respondent has engaged in a discriminatory
practice. Except as modified by subdivisions 1 to 9 and section
363A.06, subdivision 4, the Minnesota Rules of Civil Procedure
shall apply to an application, and the district court shall have
authority to grant or deny the relief sought on conditions as it
deems just and equitable. All hearings under subdivisions 1 to
9 and section 363A.06, subdivision 4, shall be given precedence
as nearly as practicable over all other pending civil actions.

(5) If a lessor, after engaging in a discriminatory
practice defined in section 363A.09, subdivision 1, clause (a),
leases or rents a dwelling unit to a person who has no knowledge
of the practice or of the existence of a charge with respect to
the practice, the lessor shall be liable for actual damages
sustained by a person by reason of a final order as provided in
subdivisions 1 to 9 and section 363A.06, subdivision 4,
requiring the person to be evicted from the dwelling unit.

(6) In any complaint issued under subdivisions 1 to 9 and
section 363A.06, subdivision 4, the commissioner may seek relief
for a class of individuals affected by an unfair discriminatory
practice occurring on or after a date one year prior to the
filing of the charge from which the complaint originates.

(7) The commissioner may adopt policies to determine which
charges are processed and the order in which charges are
processed based on their particular social or legal
significance, administrative convenience, difficulty of
resolution, or other standard consistent with the provisions of
this chapter.

(8) The chief administrative law judge shall adopt policies
to provide sanctions for intentional and frivolous delay caused
by any charging party or respondent in an investigation,
hearing, or any other aspect of proceedings before the
department under this chapter.

Sec. 19.

Minnesota Statutes 2004, section 363A.28,
subdivision 7, is amended to read:

Subd. 7.

Application of rules.

Rules adopted pursuant to
this deleted text begin subdivision deleted text end new text begin chapter new text end apply to cases pending before the
commissioner on the date of adoption.

Sec. 20.

Minnesota Statutes 2004, section 363A.40,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

The definitions in this
subdivision apply to this section.

(a) "Accessible unit" means an accessible rental housing
unit that meets the handicapped facility requirements of the
State Building Code, Minnesota Rules, chapter deleted text begin 1340 deleted text end new text begin 1341 new text end .

(b) "Landlord" has the meaning given it in section
504B.001, subdivision 7.

ARTICLE 2

OBSOLETE LANGUAGE AMENDMENTS

Section 1.

Minnesota Statutes 2004, section 363A.12,
subdivision 1, is amended to read:

Subdivision 1.

Access to public service.

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, sexual orientation, or status
with regard to public assistance or to fail to ensure physical
and program access for disabled persons unless the public
service can demonstrate that providing the access would impose
an undue hardship on its operation. In determining whether
providing physical and program access would impose an undue
hardship, factors to be considered include:

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

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

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

(d) 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. 2.

Minnesota Statutes 2004, section 363A.29,
subdivision 2, is amended to read:

Subd. 2.

Hearings 180 days after charge.

At any time
after 180 days from the filing of a charge, if there has been
neither a finding of probable cause nor of no probable cause,
the charging party may file a request with the commissioner to
appear at a hearing on the party's own behalf or through a
private attorney. The amount of time during which a case is
involved in significant settlement negotiations, is being
investigated by another enforcement agency under a work sharing
agreement, or has been referred to mediation deleted text begin or to a local human
rights commission for no fault grievance processing deleted text end is not
counted in computing the 180 days. Tolling of the time during
settlement negotiations requires written approval of the
charging party or the party's attorney. The right of a charging
party to file a request for hearing does not apply in cases that
have been certified as complex by the commissioner within 60
days of the filing of the charge. A case may not be certified
as complex unless it involves multiple parties or issues,
presents complex issues of law or fact, or presents
substantially new issues of law in the discrimination area.
Within five days of certifying a case as complex, the
commissioner shall give notice of the certification to the
charging party and the respondent. The commissioner shall make
a determination of probable cause or no probable cause within
one year of the filing of a case in which the time has not been
counted or a case certified as complex. Upon receipt of the
request, the commissioner shall review the documents and
information held in the department's files concerning the charge
and shall release to the charging party and respondent all
documents and information that are accessible to the charging
party and respondent under chapter 13. The commissioner shall
forward the request for hearing to the Office of Administrative
Hearings, which shall promptly set the matter for hearing. If
the charging party prevails at this hearing, the administrative
law judge may require the respondent to reimburse the charging
party for reasonable attorney's fees.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 363A.03, subdivisions 3
and 29, are repealed.
new text end

ARTICLE 3

OMISSIONS AMENDMENTS

Section 1.

Minnesota Statutes 2004, section 363A.02,
subdivision 1, is amended to read:

Subdivision 1.

Freedom from discrimination.

(a) It is
the public policy of this state to secure for persons in this
state, freedom from discrimination:

(1) in employment because of race, color, creed, religion,
national origin, sex, marital status, disability, status with
regard to public assistance, sexual orientation, deleted text begin and deleted text end age new text begin , and
membership or activity in a local human rights commission new text end ;

(2) in housing and real property because of race, color,
creed, religion, national origin, sex, marital status,
disability, status with regard to public assistance, sexual
orientation, and familial status;

(3) in public accommodations because of race, color, creed,
religion, national origin, sex, new text begin marital status, new text end sexual
orientation, and disability;

(4) in public services because of race, color, creed,
religion, national origin, sex, marital status, disability,
sexual orientation, and status with regard to public assistance;
deleted text begin and
deleted text end

(5) in education because of race, color, creed, religion,
national origin, sex, marital status, disability, status with
regard to public assistance, sexual orientation, and age deleted text begin . deleted text end new text begin ;
new text end

new text begin (6) in credit because of race, color, creed, religion,
national origin, sex, marital status, disability, status with
regard to public assistance, and sexual orientation;
new text end

new text begin (7) in business because of race, color, national origin,
sex, disability, and sexual orientation; and
new text end

new text begin (8) due to reprisal because of race, color, creed,
religion, national origin, sex, marital status, disability,
status with regard to public assistance, age, sexual
orientation, familial status, or membership or activity in a
local human rights commission. Such discrimination threatens
the rights and privileges of the inhabitants of this state and
menaces the institutions and foundations of democracy. It is
also the public policy of this state to protect all persons from
wholly unfounded charges of discrimination. Nothing in this
chapter shall be interpreted as restricting the implementation
of positive action programs to combat discrimination.
new text end

(b) Such discrimination threatens the rights and privileges
of the inhabitants of this state and menaces the institutions
and foundations of democracy. It is also the public policy of
this state to protect all persons from wholly unfounded charges
of discrimination. Nothing in this chapter shall be interpreted
as restricting the implementation of positive action programs to
combat discrimination.

Sec. 2.

Minnesota Statutes 2004, section 363A.02,
subdivision 2, is amended to read:

Subd. 2.

Civil right.

The opportunity to obtain
employment, housing deleted text begin , deleted text end and other real estate, new text begin and credit; the
opportunity to conduct business; new text end and new text begin the opportunity to obtain
new text end full and equal utilization of public accommodations, public
services, and educational institutions without such
discrimination as is prohibited by this chapter deleted text begin is deleted text end new text begin are new text end hereby
recognized as and declared to be deleted text begin a deleted text end civil deleted text begin right deleted text end new text begin rights new text end .

Sec. 3.

Minnesota Statutes 2004, section 363A.03, is
amended by adding a subdivision to read:

new text begin Subd. 11a. new text end

new text begin Direct threat. new text end

new text begin "Direct threat" means a
significant risk to the health or safety of others that cannot
be eliminated by a modification of policies, practices, or
procedures or by the provision of auxiliary aids or services.
new text end

Sec. 4.

Minnesota Statutes 2004, section 363A.03,
subdivision 31, is amended to read:

Subd. 31.

Physical access.

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

Sec. 5.

Minnesota Statutes 2004, section 363A.03,
subdivision 42, is amended to read:

Subd. 42.

Sex.

"Sex" includes, but is not limited to,
pregnancy, childbirth, deleted text begin and deleted text end disabilities related to pregnancy or
childbirth new text begin , and sexual harassment new text end .

Sec. 6.

Minnesota Statutes 2004, section 363A.03, is
amended by adding a subdivision to read:

new text begin Subd. 50. new text end

new text begin Verified charge. new text end

new text begin "Verified charge" means a
written statement signed under oath or affirmation, filed by any
person including the commissioner, containing a statement of
allegation that a person may have engaged or may be engaging in
an unfair discriminatory practice.
new text end

Sec. 7.

Minnesota Statutes 2004, section 363A.04, is
amended to read:

363A.04 CONSTRUCTION AND EXCLUSIVITY.

The provisions of this chapter shall be construed liberally
for the accomplishment of the purposes thereof. Nothing
contained in this chapter shall be deemed to repeal any of the
provisions of the civil rights law or of any other law of this
state relating to discrimination because of race, creed, color,
religion, sex, age, disability, marital status, status with
regard to public assistance, national origin, sexual
orientation, deleted text begin or deleted text end familial status new text begin , or membership or activity in a
local human rights commission new text end ; but, as to acts declared unfair
by sections 363A.08 to 363A.19, and 363A.28, subdivision 10, the
procedure herein provided shall, while pending, be exclusive.

Sec. 8.

Minnesota Statutes 2004, section 363A.08,
subdivision 1, is amended to read:

Subdivision 1.

Labor organization.

Except when based on
a bona fide occupational qualification, it is an unfair
employment practice for a labor organization, because of race,
color, creed, religion, national origin, sex, marital status,
status with regard to public assistance, disability, sexual
orientation, deleted text begin or deleted text end age new text begin , or membership or activity in a local human
rights commission new text end :

(a) to deny full and equal membership rights to a person
seeking membership or to a member;

(b) to expel a member from membership;

(c) to discriminate against a person seeking membership or
a member with respect to hiring, apprenticeship, tenure,
compensation, terms, upgrading, conditions, facilities, or
privileges of employment; or

(d) to fail to classify properly, or refer for employment
or otherwise to discriminate against a person or member.

Sec. 9.

Minnesota Statutes 2004, section 363A.08,
subdivision 2, is amended to read:

Subd. 2.

Employer.

Except when based on a bona fide
occupational qualification, it is an unfair employment practice
for an employer, because of race, color, creed, religion,
national origin, sex, marital status, status with regard to
public assistance, membership or activity in a local new text begin human
rights new text end commission, disability, sexual orientation, or age to:

(a) refuse to hire or to maintain a system of employment
which unreasonably excludes a person seeking employment; or

(b) discharge an employee; or

(c) discriminate against a person with respect to hiring,
tenure, compensation, terms, upgrading, conditions, facilities,
or privileges of employment.

Sec. 10.

Minnesota Statutes 2004, section 363A.08,
subdivision 3, is amended to read:

Subd. 3.

Employment agency.

Except when based on a bona
fide occupational qualification, it is an unfair employment
practice for an employment agency, because of race, color,
creed, religion, national origin, sex, marital status, status
with regard to public assistance, disability, sexual
orientation, deleted text begin or deleted text end age new text begin , or membership or activity in a local human
rights commission new text end to:

(a) refuse or fail to accept, register, classify properly,
or refer for employment or otherwise to discriminate against a
person; or

(b) comply with a request from an employer for referral of
applicants for employment if the request indicates directly or
indirectly that the employer fails to comply with the provisions
of this chapter.

Sec. 11.

Minnesota Statutes 2004, section 363A.08,
subdivision 4, is amended to read:

Subd. 4.

Employer, employment agency, or labor
organization.

(a) Except when based on a bona fide occupational
qualification, it is an unfair employment practice for an
employer, employment agency, or labor organization, before a
person is employed by an employer or admitted to membership in a
labor organization, to:

(1) require or request the person to furnish information
that pertains to race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance,
disability, sexual orientation, deleted text begin or deleted text end age new text begin , or membership or
activity in a local human rights commission new text end ; or, subject to
section 363A.20, subdivisions 1 to 7, and 8, paragraph (a),
clauses (1) to (5), to require or request a person to undergo
physical examination; unless for the sole and exclusive purpose
of national security, information pertaining to national
origin deleted text begin is deleted text end new text begin as new text end required by the United States, this state or a
political subdivision or agency of the United States or new text begin of new text end this
state, or for the sole and exclusive purpose of compliance with
the Public Contracts Act or any rule, regulation, or laws of the
United States or of this state requiring the information or
examination. A law enforcement agency may, after notifying an
applicant for a peace officer or part-time peace officer
position that the law enforcement agency is commencing the
background investigation on the applicant, request the
applicant's date of birth, gender, and race on a separate form
for the sole and exclusive purpose of conducting a criminal
history check, a driver's license check, and fingerprint
criminal history inquiry. The form shall include a statement
indicating why the data is being collected and what its limited
use will be. No document which has date of birth, gender, or
race information will be included in the information given to or
available to any person who is involved in selecting the person
or persons employed other than the background investigator. No
person may act both as background investigator and be involved
in the selection of an employee except that the background
investigator's report about background may be used in that
selection as long as no direct or indirect references are made
to the applicant's race, age, or gender; or

(2) seek and obtain for purposes of making a job decision,
information from any source that pertains to the person's race,
color, creed, religion, national origin, sex, marital status,
status with regard to public assistance, disability, sexual
orientation, new text begin membership or activity in a local human rights
commission, new text end or age, unless for the sole and exclusive purpose of
compliance with the Public Contracts Act or any rule,
regulation, or laws of the United States or of this state
requiring the information; or

(3) cause to be printed or published a notice or
advertisement that relates to employment or membership and
discloses a preference, limitation, specification, or
discrimination based on race, color, creed, religion, national
origin, sex, marital status, status with regard to public
assistance, new text begin membership or activity in a local human rights
commission, new text end disability, sexual orientation, or age.

(b) Any individual who is required to provide information
that is prohibited by this subdivision is an aggrieved deleted text begin party
deleted text end new text begin person new text end under section 363A.06, subdivision 4, and 363A.28,
subdivisions 1 to 9.

Sec. 12.

Minnesota Statutes 2004, section 363A.09,
subdivision 4, is amended to read:

Subd. 4.

Real property transaction.

It is an unfair
discriminatory practice for any real estate broker or real
estate salesperson, for the purpose of inducing a real property
transaction from which the person, the person's firm, or any of
its members may benefit financially, to represent that a change
has occurred or will or may occur in the composition with
respect to race, creed, color, national origin, sex, marital
status, status with regard to public assistance, sexual
orientation, new text begin religion, familial status, new text end or disability of the
owners or occupants in the block, neighborhood, or area in which
the real property is located, and to represent, directly or
indirectly, that this change will or may result in undesirable
consequences in the block, neighborhood, or area in which the
real property is located, including but not limited to the
lowering of property values, an increase in criminal or
antisocial behavior, or a decline in the quality of schools or
other public facilities.

Sec. 13.

Minnesota Statutes 2004, section 363A.15, is
amended to read:

363A.15 REPRISALS.

new text begin A reprisal includes, but is not limited to, any form of
intimidation, retaliation, or harassment. new text end It is an unfair
discriminatory practice for any individual who participated in
the alleged discrimination as a perpetrator, employer, labor
organization, employment agency, public accommodation, public
service, educational institution, or owner, lessor, lessee,
sublessee, assignee or managing agent of any real property, or
any real estate broker, real estate salesperson, or employee or
agent thereof to intentionally engage in any reprisal against
any person because that person:

(1) Opposed a practice forbidden under this chapter or has
filed a charge, testified, assisted, or participated in any
manner in an investigation, proceeding, or hearing under this
chapter; or

(2) Associated with a person or group of persons who are
disabled or who are of different race, color, creed, religion,
sexual orientation, new text begin sex, age, familial status, marital status,
status with regard to public assistance, and membership or
activity in a local human rights commission, new text end or national origin.

deleted text begin A reprisal includes, but is not limited to, any form of
intimidation, retaliation, or harassment. deleted text end It is a reprisal for
an employer to do any of the following with respect to an
individual because that individual has engaged in the activities
listed in clause (1) or (2): refuse to hire the individual;
depart from any customary employment practice; transfer or
assign the individual to a lesser position in terms of wages,
hours, job classification, job security, or other employment
status; or inform another employer that the individual has
engaged in the activities listed in clause (1) or (2).