HF 1980

as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2017 01:21pm

A bill for an act
relating to state government; extending the statute of limitations for a minor child
filing a claim under the Human Rights Act; amending Minnesota Statutes 2016,
sections 363A.07, subdivision 3; 363A.28, subdivision 3, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 363A.07, subdivision 3, is amended to read:

Subd. 3.

Referral to commissioner.

A local commission may refer a matter under its
jurisdiction to the commissioner.

The charging party has the option of filing a charge either with a local commission or
the department. Notwithstanding the provisions of any ordinance or resolution to the contrary,
a charge may be filed with a local commission within one year after the occurrence of the
practice. new text begin In the case of a minor child under age 18, the claim must be brought within 12
months after the minor child's 18th birthday. new text end The exercise of such choice in filing a charge
with one agency shall preclude the option of filing the same charge with the other agency.
At the time a charge comes to the attention of a local agency, the agency or its representative
shall inform the charging party of this option, and of the party's rights under Laws 1967,
chapter 897.

Where this chapter provides additional protections and remedies not provided for under
a local antidiscrimination ordinance, the local commission shall advise a party bringing a
charge under a local ordinance of those additional protections and remedies and of the option
to file a charge under this chapter.

The term "local commission" as used in this subdivision has the same meaning given
the term in section 363A.03, subdivision 23.

Sec. 2.

Minnesota Statutes 2016, section 363A.28, subdivision 3, is amended to read:

Subd. 3.

For filing claim; filing options.

(a) 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 In the case of
a minor child under age 18, the claim must be brought within 12 months after the minor
child's 18th birthday.
new text end

(b) 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.

(c) The running of the one-year limitation period is suspended during the time period
provided for in the notice under section 363A.331, subdivision 2.

new text begin (d) When a potential charging party files a claim with the EEOC, it is deemed to be
simultaneously filed with the Department of Human Rights.
new text end

Sec. 3.

Minnesota Statutes 2016, section 363A.28, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Survival of claim. new text end

new text begin When a charging party dies during the course of the
investigation or conciliation under this chapter, the claim survives for the benefit of the
charging party's estate.
new text end