HF 2259

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/12/2014 12:40pm

A bill for an act
relating to human rights; clarifying unfair employment practices related to
nursing mothers; amending Minnesota Statutes 2012, sections 181.939; 363A.08,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 181.939, is amended to read:

181.939 NURSING MOTHERS.

new text begin (a) new text end An employer must provide reasonable unpaid break time each day to an
employee who needs to express breast milk for her infant child. The break time must,
if possible, run concurrently with any break time already provided to the employee. An
employer is not required to provide break time under this section if to do so would unduly
disrupt the operations of the employer.

new text begin (b) new text end The employer must make reasonable efforts to provide a room or other location,
in close proximity to the work area, other than a toilet stall, new text begin that is shielded from view and
free from intrusion and that includes access to an electrical outlet, new text end where the employee
can express her milk in privacy. The employer would be held harmless if reasonable
effort has been made.

new text begin (c) new text end For the purposes of this section, "employer" means a person or entity that
employs one or more employees and includes the state and its political subdivisions.

new text begin (d) A violation of this section is an unfair employment practice as provided for under
section 363A.08, subdivision 8.
new text end

Sec. 2.

Minnesota Statutes 2012, section 363A.08, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Nursing mothers. new text end

new text begin Except when based on a bona fide occupational
qualification, any violation of section 181.939 by an employer is an unfair employment
practice.
new text end