HF 10

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/21/2019 05:22pm

A bill for an act
relating to human rights; clarifying the definition of sexual harassment; amending
Minnesota Statutes 2018, section 363A.03, subdivision 43.

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

Section 1.

Minnesota Statutes 2018, section 363A.03, subdivision 43, is amended to read:

Subd. 43.

Sexual harassment.

new text begin (a) new text end "Sexual harassment" includes unwelcome sexual
advances, requests for sexual favors, sexually motivated physical contact or other verbal or
physical conduct or communication of a sexual nature when:

(1) submission to that conduct or communication is made a term or condition, either
explicitly or implicitly, of obtaining employment, public accommodations or public services,
education, or housing;

(2) submission to or rejection of that conduct or communication by an individual is used
as a factor in decisions affecting that individual's employment, public accommodations or
public services, education, or housing; or

(3) that conduct or communication has the purpose or effect of substantially interfering
with an individual's employment, public accommodations or public services, education, or
housing, or creating an intimidating, hostile, or new text begin materially new text end offensive employment, public
accommodations, public services, educational, or housing environment.

new text begin (b) Paragraph (a), clause (3), does not require the harassing conduct or communication
to be severe or pervasive. Conduct or communication has the purpose or effect of creating
an intimidating, hostile, or materially offensive environment when:
new text end

new text begin (1) a reasonable person in similar circumstances to the plaintiff would find the
environment intimidating, hostile, or materially offensive; and
new text end

new text begin (2) the plaintiff found the environment intimidating, hostile, or materially offensive.
new text end

new text begin The intimidating, hostile, or materially offensive environment must be determined based
on the totality of the circumstances.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to causes
of action arising on or after that date.
new text end