HF 2443

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human rights; defining sexual harassment; 
  1.3             amending Minnesota Statutes 2003 Supplement, section 
  1.4             363A.03, subdivision 43. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.7   363A.03, subdivision 43, is amended to read: 
  1.8      Subd. 43.  [SEXUAL HARASSMENT.] "Sexual harassment" 
  1.9   includes unwelcome sexual advances, requests for sexual favors, 
  1.10  sexually motivated physical contact or other verbal or physical 
  1.11  conduct or communication of a sexual nature when:  
  1.12     (1) submission to that conduct or communication is made a 
  1.13  term or condition, either explicitly or implicitly, of obtaining 
  1.14  employment, public accommodations or public services, education, 
  1.15  or housing; 
  1.16     (2) submission to or rejection of that conduct or 
  1.17  communication by an individual is used as a factor in decisions 
  1.18  affecting that individual's employment, public accommodations or 
  1.19  public services, education, or housing; or 
  1.20     (3) that conduct or communication has the purpose or effect 
  1.21  of substantially interfering with an individual's employment, 
  1.22  public accommodations or public services, education, or housing, 
  1.23  or creating an intimidating, hostile, or offensive employment, 
  1.24  public accommodations, public services, educational, or housing 
  1.25  environment. 
  2.1      In the case of employment, the elements of proof, burdens 
  2.2   of proof, and affirmative defenses that apply to sexual 
  2.3   harassment claims brought under title VII of the Civil Rights 
  2.4   Act of 1964, as amended, shall apply to a sexual harassment 
  2.5   claim brought under this chapter. 
  2.6      Sec. 2.  [EFFECTIVE DATE.] 
  2.7      Section 1 is effective retroactively from August 1, 2001.