1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
|Introduction||Posted on 03/01/2004|
|1st Engrossment||Posted on 03/08/2004|
1.1 A bill for an act 1.2 relating to human rights; making technical changes to 1.3 the Human Rights Act; amending Minnesota Statutes 2003 1.4 Supplement, sections 363A.02, subdivision 2; 363A.03, 1.5 subdivisions 1, 2, 5, 8, 14, 21, 31, 35, 42, by adding 1.6 subdivisions; 363A.04; 363A.06; 363A.08, subdivisions 1.7 1, 2, 3, 4, 6; 363A.09, subdivision 4; 363A.11, 1.8 subdivision 4; 363A.12, subdivision 1; 363A.13, 1.9 subdivision 4; 363A.15; 363A.17; 363A.19; 363A.21, 1.10 subdivisions 1, 2; 363A.28, subdivisions 1, 6, 7; 1.11 363A.29, subdivision 2; 363A.40, subdivision 1; 1.12 repealing Minnesota Statutes 2003 Supplement, section 1.13 363A.03, subdivisions 3, 29. 1.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.15 Section 1. Minnesota Statutes 2003 Supplement, section 1.16 363A.02, subdivision 2, is amended to read: 1.17 Subd. 2. [CIVIL RIGHT.] The opportunity to obtain 1.18 employment, housing
,and other real estate, and credit; the 1.19 opportunity to conduct business; and the opportunity to obtain 1.20 full and equal utilization of public accommodations, public 1.21 services, and educational institutions without such 1.22 discrimination as is prohibited by this chapter isare hereby 1.23 recognized as and declared to be acivil rightrights. 1.24 Sec. 2. Minnesota Statutes 2003 Supplement, section 1.25 363A.03, subdivision 1, is amended to read: 1.26 Subdivision 1. [ TERMSSCOPE.] For the purposes of this 1.27 chapter, the words defined in this section have the meanings 1.28 ascribed togiven them. 1.29 Sec. 3. Minnesota Statutes 2003 Supplement, section 2.1 363A.03, subdivision 2, is amended to read: 2.2 Subd. 2. [AGE.] The prohibition against unfair employment 2.3 or education practices based on age prohibits using a person's 2.4 age as a basis for a decision if the person is over the age 2.5 of majority18 years, except for section 363A.13 which shall be 2.6 deemed to protect any individual over the age of 25 years. 2.7 Sec. 4. Minnesota Statutes 2003 Supplement, section 2.8 363A.03, subdivision 5, is amended to read: 2.9 Subd. 5. [CHARGING PARTY.] "Charging party" means a person 2.10 filing a verified charge with the commissioner or the 2.11 commissioner's designated agent pursuant to section 363A.28, 2.12 subdivision 1. 2.13 Sec. 5. Minnesota Statutes 2003 Supplement, section 2.14 363A.03, subdivision 8, is amended to read: 2.15 Subd. 8. [COMPLAINANT.] "Complainant" means the 2.16 commissioner of human rights after issuinga finding of probable 2.17 cause is made by the commissioner and the commissioner issues a 2.18 complaint pursuant to sections 363A.06, subdivision 3, paragraph 2.19 (8), and 363A.28, subdivisions 1 to 9. 2.20 Sec. 6. Minnesota Statutes 2003 Supplement, section 2.21 363A.03, is amended by adding a subdivision to read: 2.22 Subd. 11a. [DIRECT THREAT.] "Direct threat" means a 2.23 significant risk to the health or safety of others that cannot 2.24 be eliminated by a modification of policies, practices, or 2.25 procedures or by the provision of auxiliary aids or services. 2.26 Sec. 7. Minnesota Statutes 2003 Supplement, section 2.27 363A.03, subdivision 14, is amended to read: 2.28 Subd. 14. [EDUCATIONAL INSTITUTION.] "Educational 2.29 institution" means a public or private institution and includes 2.30 an academy, college, elementary or secondary school, extension 2.31 course, kindergarten, nursery, school system and a business, 2.32 nursing, professional, secretarial, technical, vocational 2.33 school; and includes an agent of an educational institution. 2.34 "Educational institution" also includes "religious or 2.35 denominational educational institution" as defined in 2.36 subdivision 40. 3.1 Sec. 8. Minnesota Statutes 2003 Supplement, section 3.2 363A.03, subdivision 21, is amended to read: 3.3 Subd. 21. [HUMAN RIGHTS INVESTIGATIVE DATA.] "Human rights 3.4 investigative data" means written documents, audio and video 3.5 tapes, or other electronically and technologically created or 3.6 transmitted data issued or gathered by the department for the 3.7 purpose of investigating and prosecuting alleged or suspected 3.8 discrimination. 3.9 Sec. 9. Minnesota Statutes 2003 Supplement, section 3.10 363A.03, subdivision 31, is amended to read: 3.11 Subd. 31. [PHYSICAL ACCESS.] "Physical access" means (1) 3.12 the absence of physical obstacles that limit a disabled person's 3.13 opportunity for full and equal use of or benefit from goods, 3.14 services, and privileges; or, when necessary, (2) the use of 3.15 methods to overcome the discriminatory effect of physical 3.16 obstacles. The methods may include redesign of equipment or 3.17 facilities, assignment of aides, or use of alternate accessible 3.18 locations. 3.19 Sec. 10. Minnesota Statutes 2003 Supplement, section 3.20 363A.03, subdivision 35, is amended to read: 3.21 Subd. 35. [PUBLIC SERVICE.] "Public service" means any 3.22 public facility, department, agency, council, board or 3.23 commission, owned, operated or managed by or on behalf of the 3.24 state of Minnesota, or any subdivision thereof, including any 3.25 county, city, town, township, or independent district in the 3.26 state. 3.27 Sec. 11. Minnesota Statutes 2003 Supplement, section 3.28 363A.03, subdivision 42, is amended to read: 3.29 Subd. 42. [SEX.] "Sex" includes, but is not limited to, 3.30 pregnancy, childbirth, anddisabilities related to pregnancy or 3.31 childbirth, and sexual harassment. 3.32 Sec. 12. Minnesota Statutes 2003 Supplement, section 3.33 363A.03, is amended by adding a subdivision to read: 3.34 Subd. 50. [VERIFIED CHARGE.] "Verified charge" means a 3.35 written statement signed under oath or affirmation, filed by any 3.36 person including the commissioner, containing a statement of 4.1 allegation that a person may have engaged or may be engaging in 4.2 an unfair discriminatory practice. 4.3 Sec. 13. Minnesota Statutes 2003 Supplement, section 4.4 363A.04, is amended to read: 4.5 363A.04 [CONSTRUCTION AND EXCLUSIVITY.] 4.6 The provisions of this chapter shall be construed liberally 4.7 for the accomplishment of the purposes thereof. Nothing 4.8 contained in this chapter shall be deemed to repeal any of the 4.9 provisions of the civil rights law or of any other law of this 4.10 state relating to discrimination because of race, creed, color, 4.11 religion, sex, age, disability, marital status, status with 4.12 regard to public assistance, national origin, sexual 4.13 orientation, orfamilial status, or membership or activity in a 4.14 local human rights commission; but, as to acts declared unfair 4.15 by sections 363A.08 to 363A.19, and 363A.28, subdivision 10, the 4.16 procedure herein provided shall, while pending, be exclusive. 4.17 Sec. 14. Minnesota Statutes 2003 Supplement, section 4.18 363A.06, is amended to read: 4.19 363A.06 [POWERS AND DUTIES OF COMMISSIONER.] 4.20 Subdivision 1. [FORMULATION OF POLICIES.] The commissioner 4.21 shall formulate policies to effectuate the purposes of this 4.22 chapter and shall: 4.23 (1) exercise leadership under the direction of the governor 4.24 in the development of human rights policies, procedures, and 4.25 programs, and make recommendations to the governor and the 4.26 legislature for their consideration and implementation; 4.27 (2) establish and maintain a principal office in St. Paul, 4.28 and any other necessary branch offices at any location within 4.29 the state; 4.30 (3) meet and function at any place within the state; 4.31 (4) employ attorneys, clerks, and other employees and 4.32 agents as the commissioner may deem necessary and prescribe 4.33 their duties; 4.34 (5) to the extent permitted by federal and state law and 4.35 regulation, utilize the records and services of the Department4.36 of Economic Security of theall state governmental departments 5.1 and agencies when necessary to effectuate the purposes of this 5.2 chapter; 5.3 (6) obtain upon request and utilize the services of all 5.4 state governmental departments and agencies; 5.5 (7) adopt suitable rules for effectuating the purposes of 5.6 this chapter; 5.7 (8) issue complaints, receive and investigate charges 5.8 alleging unfair discriminatory practices, and determine whether 5.9 or not probable cause exists for hearing; 5.10 (9) subpoena witnesses, administer oaths, take testimony, 5.11 and require the production for examination of any books or 5.12 papers relative to any matter under investigation or in question 5.13 as the commissioner deems appropriate to carry out the purposes 5.14 of this chapter; 5.15 (10) attempt, by means of education, conference, 5.16 conciliation, and persuasion to eliminate unfair discriminatory 5.17 practices as being contrary to the public policy of the state; 5.18 (11) develop and conduct programs of formal and informal 5.19 education designed to eliminate discrimination and intergroup 5.20 conflict by use of educational techniques and programs the 5.21 commissioner deems necessary; 5.22 (12) make a written report of the activities of the 5.23 commissioner to the governor each year; 5.24 (13) accept gifts, bequests, grants or other payments 5.25 public and private to help finance the activities of the 5.26 department. Any money so received is hereby appropriated and 5.27 dedicated for the purpose for which it is granted; 5.28 (14) create such local and statewide advisory committees as 5.29 will in the commissioner's judgment aid in effectuating the 5.30 purposes of the Department of Human Rights; 5.31 (15) provide staff services to such advisory committees as 5.32 may be created in aid of the functions of the Department of 5.33 Human Rights; 5.34 (16) develop such programs as will aid in determining the 5.35 compliance throughout the state with the provisions of this 5.36 chapter, and in the furtherance of such duties, conduct research 6.1 and study discriminatory practices based upon race, color, 6.2 creed, religion, national origin, sex, age, disability, marital 6.3 status, status with regard to public assistance, familial 6.4 status, sexual orientation, membership or activity in a local 6.5 human rights commission, or other factors and develop accurate 6.6 data on the nature and extent of discrimination and other 6.7 matters as they may affect housing, employment, public 6.8 accommodations, schools, and other areas ofpublic life6.9 services, education, credit, and business; 6.10 (16)(17) develop and disseminate technical assistance to 6.11 persons subject to the provisions of this chapter, and to 6.12 agencies and officers of governmental and private agencies; 6.13 (17) provide staff services to such advisory committees as6.14 may be created in aid of the functions of the Department of6.15 Human Rights;6.16 (18) make grants in aid to the extent that appropriations 6.17 are made available for thatthe purpose in aidof carrying out 6.18 the duties and responsibilities of this chapter; and 6.19 (19) cooperate and consult with the commissioner of labor 6.20 and industry regarding the investigation of violations of, and 6.21 resolution of complaints regarding section 363A.08, subdivision 6.22 7. 6.23 In performing these duties, the commissioner shall give 6.24 priority to those duties in clauses (8), (9), and (10) and to 6.25 the duties in section 363A.36. 6.26 Subd. 2. [SERVICE, ENFORCEMENT, AND EFFECT OF SUBPOENA.] 6.27 (a) Disobedience of a subpoena issued by the commissioner 6.28 pursuant to subdivision 1, clause (9), shall be punishable in 6.29 like manner as a contempt of the district court in proceedings 6.30 instituted upon application of the commissioner made to the 6.31 district court of the county where the alleged unfair 6.32 discriminatory practice in connection with a charge made by a 6.33 charging party or a complaint filed by the commissioner has 6.34 occurred or where the respondent resides or has a principal 6.35 place of business. 6.36 (b) It is not a violation of rights conferred by chapter 13 7.1 or any other statute related to the confidentiality of 7.2 government data for a state agency, statewide system, or 7.3 political subdivision, as defined in section 13.02, subdivision 7.4 11, to provide data or information under a subpoena issued by 7.5 the commissioner under this section. 7.6 (c) A subpoena issued under subdivision 1, clause (9), must 7.7 be served personally or by mailing a copy of the subpoena, by 7.8 first class mail, postage prepaid, to the person to be served. 7.9 The subpoena must include two copies of a notice and 7.10 acknowledgment of service on a form to be provided by the 7.11 commissioner, and a return envelope, postage prepaid, addressed 7.12 to the sender. If acknowledgment of service is not received by 7.13 the commissioner within 20 days, service is not effective. 7.14 Unless good cause is shown for not doing so, a court or 7.15 administrative law judge shall order the payment of the costs of 7.16 personal service by the person served if the person does not 7.17 complete and return the notice and acknowledgment of receipt of 7.18 the subpoena within the time allowed. 7.19 Subd. 3. [MISSION; EFFICIENCY.] It is part of the 7.20 department's mission that within the department's resources the 7.21 commissioner shall endeavor to: 7.22 (1) prevent the waste or unnecessary spending of public 7.23 money; 7.24 (2) use innovative fiscal and human resource practices to 7.25 manage the state's resources and operate the department as 7.26 efficiently as possible; 7.27 (3) coordinate the department's activities wherever 7.28 appropriate with the activities of other governmental agencies; 7.29 (4) use technology where appropriate to increase agency 7.30 productivity, improve customer service, increase public access 7.31 to information about government, and increase public 7.32 participation in the business of government; 7.33 (5) utilize constructive and cooperative labor-management 7.34 practices to the extent otherwiseas required by chapters 43A 7.35 and 179A; 7.36 (6) report to the legislature on the performance of agency 8.1 operations and the accomplishment of agency goals in the 8.2 agency's biennial budget according to section 16A.10, 8.3 subdivision 1; and 8.4 (7) recommend to the legislature appropriate changes in law 8.5 necessary to carry out the mission and improve the performance 8.6 of the department. 8.7 Subd. 4. [PUBLICATION OF CASE ACCOUNT.] The commissioner 8.8 may publish an account of a case in which the complaint has been 8.9 dismissed or the terms of settlement of a case that has been 8.10 voluntarily adjusted. Except as provided in other sections of 8.11 this chapter, the commissioner shall not disclose any 8.12 information concerning effortssettlement negotiations in a 8.13 particular case to eliminate an unfair discriminatory practice8.14 through education, conference, conciliation and persuasionprior 8.15 to final resolution. 8.16 Sec. 15. Minnesota Statutes 2003 Supplement, section 8.17 363A.08, subdivision 1, is amended to read: 8.18 Subdivision 1. [LABOR ORGANIZATION.] Except when based on 8.19 a bona fide occupational qualification, it is an unfair 8.20 employment practice for a labor organization, because of race, 8.21 color, creed, religion, national origin, sex, marital status, 8.22 status with regard to public assistance, disability, sexual 8.23 orientation, orage, or membership or activity in a local human 8.24 rights commission: 8.25 (a) to deny full and equal membership rights to a person 8.26 seeking membership or to a member; 8.27 (b) to expel a member from membership; 8.28 (c) to discriminate against a person seeking membership or 8.29 a member with respect to hiring, apprenticeship, tenure, 8.30 compensation, terms, upgrading, conditions, facilities, or 8.31 privileges of employment; or 8.32 (d) to fail to classify properly, or refer for employment 8.33 or otherwise to discriminate against a person or member. 8.34 Sec. 16. Minnesota Statutes 2003 Supplement, section 8.35 363A.08, subdivision 2, is amended to read: 8.36 Subd. 2. [EMPLOYER.] Except when based on a bona fide 9.1 occupational qualification, it is an unfair employment practice 9.2 for an employer, because of race, color, creed, religion, 9.3 national origin, sex, marital status, status with regard to 9.4 public assistance, membership or activity in a local human 9.5 rights commission, disability, sexual orientation, or age to: 9.6 (a) refuse to hire or to maintain a system of employment 9.7 which unreasonably excludes a person seeking employment; or 9.8 (b) discharge an employee; or 9.9 (c) discriminate against a person with respect to hiring, 9.10 tenure, compensation, terms, upgrading, conditions, facilities, 9.11 or privileges of employment. 9.12 Sec. 17. Minnesota Statutes 2003 Supplement, section 9.13 363A.08, subdivision 3, is amended to read: 9.14 Subd. 3. [EMPLOYMENT AGENCY.] Except when based on a bona 9.15 fide occupational qualification, it is an unfair employment 9.16 practice for an employment agency, because of race, color, 9.17 creed, religion, national origin, sex, marital status, status 9.18 with regard to public assistance, disability, sexual 9.19 orientation, orage, or membership or activity in a local human 9.20 rights commission to: 9.21 (a) refuse or fail to accept, register, classify properly, 9.22 or refer for employment or otherwise to discriminate against a 9.23 person; or 9.24 (b) comply with a request from an employer for referral of 9.25 applicants for employment if the request indicates directly or 9.26 indirectly that the employer fails to comply with the provisions 9.27 of this chapter. 9.28 Sec. 18. Minnesota Statutes 2003 Supplement, section 9.29 363A.08, subdivision 4, is amended to read: 9.30 Subd. 4. [EMPLOYER, EMPLOYMENT AGENCY, OR LABOR 9.31 ORGANIZATION.] (a) Except when based on a bona fide occupational 9.32 qualification, it is an unfair employment practice for an 9.33 employer, employment agency, or labor organization, before a 9.34 person is employed by an employer or admitted to membership in a 9.35 labor organization, to: 9.36 (1) require or request the person to furnish information 10.1 that pertains to race, color, creed, religion, national origin, 10.2 sex, marital status, status with regard to public assistance, 10.3 disability, sexual orientation, orage, or membership or 10.4 activity in a local human rights commission; or, subject to 10.5 section 363A.20, subdivisions 1 to 7, and 8, paragraph (a), 10.6 clauses (1) to (5), to require or request a person to undergo 10.7 physical examination; unless for the sole and exclusive purpose 10.8 of national security, information pertaining to national 10.9 origin isas required by the United States, this state or a 10.10 political subdivision or agency of the United States or of this 10.11 state, or for the sole and exclusive purpose of compliance with 10.12 the Public Contracts Act or any rule, regulation, or laws of the 10.13 United States or of this state requiring the information or 10.14 examination. A law enforcement agency may, after notifying an 10.15 applicant for a peace officer or part-time peace officer 10.16 position that the law enforcement agency is commencing the 10.17 background investigation on the applicant, request the 10.18 applicant's date of birth, gender, and race on a separate form 10.19 for the sole and exclusive purpose of conducting a criminal 10.20 history check, a driver's license check, and fingerprint 10.21 criminal history inquiry. The form shall include a statement 10.22 indicating why the data is being collected and what its limited 10.23 use will be. No document which has date of birth, gender, or 10.24 race information will be included in the information given to or 10.25 available to any person who is involved in selecting the person 10.26 or persons employed other than the background investigator. No 10.27 person may act both as background investigator and be involved 10.28 in the selection of an employee except that the background 10.29 investigator's report about background may be used in that 10.30 selection as long as no direct or indirect references are made 10.31 to the applicant's race, age, or gender; or 10.32 (2) seek and obtain for purposes of making a job decision, 10.33 information from any source that pertains to the person's race, 10.34 color, creed, religion, national origin, sex, marital status, 10.35 status with regard to public assistance, disability, sexual 10.36 orientation, membership or activity in a local human rights 11.1 commission, or age, unless for the sole and exclusive purpose of 11.2 compliance with the Public Contracts Act or any rule, 11.3 regulation, or laws of the United States or of this state 11.4 requiring the information; or 11.5 (3) cause to be printed or published a notice or 11.6 advertisement that relates to employment or membership and 11.7 discloses a preference, limitation, specification, or 11.8 discrimination based on race, color, creed, religion, national 11.9 origin, sex, marital status, status with regard to public 11.10 assistance, membership or activity in a local human rights 11.11 commission, disability, sexual orientation, or age. 11.12 (b) Any individual who is required to provide information 11.13 that is prohibited by this subdivision is an aggrieved party11.14 person under section 363A.06, subdivision 4, and 363A.28, 11.15 subdivisions 1 to 9. 11.16 Sec. 19. Minnesota Statutes 2003 Supplement, section 11.17 363A.08, subdivision 6, is amended to read: 11.18 Subd. 6. [REASONABLE ACCOMMODATION.] Except when based on 11.19 a bona fide occupational qualification, it is an unfair 11.20 employment practice for an employer with a number ofwho employs 11.21 equal to or greater than 15 part-time or full-time employees for 11.22 each working day in each of 20 or more calendar weeks in the 11.23 current or preceding calendar year equal to or greater than 2511.24 effective July 1, 1992, and equal to or greater than 1511.25 effective July 1, 1994, an employment agency, or a labor 11.26 organization, not to make reasonable accommodation to the known 11.27 disability of a qualified disabled person or job applicant 11.28 unless the employer, agency, or organization can demonstrate 11.29 that the accommodation would impose an undue hardship on the 11.30 business, agency, or organization. "Reasonable accommodation" 11.31 means steps which must be taken to accommodate the known 11.32 physical or mental limitations of a qualified disabled person. 11.33 "Reasonable accommodation" may include but is not limited to, 11.34 nor does it necessarily require: (a) making facilities readily 11.35 accessible to and usable by disabled persons; and (b) job 11.36 restructuring, modified work schedules, reassignment to a vacant 12.1 position, acquisition or modification of equipment or devices, 12.2 and the provision of aides on a temporary or periodic basis. 12.3 In determining whether an accommodation would impose an 12.4 undue hardship on the operation of a business or organization, 12.5 factors to be considered include: 12.6 (a) the overall size of the business or organization with 12.7 respect to number of employees or members and the number and 12.8 type of facilities; 12.9 (b) the type of the operation, including the composition 12.10 and structure of the work force, and the number of employees at 12.11 the location where the employment would occur; 12.12 (c) the nature and cost of the needed accommodation; 12.13 (d) the reasonable ability to finance the accommodation at 12.14 each site of business; and 12.15 (e) documented good faith efforts to explore less 12.16 restrictive or less expensive alternatives, including 12.17 consultation with the disabled person or with knowledgeable 12.18 disabled persons or organizations. 12.19 A prospective employer need not pay for an accommodation 12.20 for a job applicant if it is available from an alternative 12.21 source without cost to the employer or applicant. 12.22 Sec. 20. Minnesota Statutes 2003 Supplement, section 12.23 363A.09, subdivision 4, is amended to read: 12.24 Subd. 4. [REAL PROPERTY TRANSACTION.] It is an unfair 12.25 discriminatory practice for any real estate broker or real 12.26 estate salesperson, for the purpose of inducing a real property 12.27 transaction from which the person, the person's firm, or any of 12.28 its members may benefit financially, to represent that a change 12.29 has occurred or will or may occur in the composition with 12.30 respect to race, creed, color, national origin, sex, marital 12.31 status, status with regard to public assistance, sexual 12.32 orientation, religion, familial status, or disability of the 12.33 owners or occupants in the block, neighborhood, or area in which 12.34 the real property is located, and to represent, directly or 12.35 indirectly, that this change will or may result in undesirable 12.36 consequences in the block, neighborhood, or area in which the 13.1 real property is located, including but not limited to the 13.2 lowering of property values, an increase in criminal or 13.3 antisocial behavior, or a decline in the quality of schools or 13.4 other public facilities. 13.5 Sec. 21. Minnesota Statutes 2003 Supplement, section 13.6 363A.11, subdivision 4, is amended to read: 13.7 Subd. 4. [DIRECT THREAT TO HEALTH AND SAFETY.] Nothing in 13.8 this chapter requires an entity to permit an individual to 13.9 participate in and benefit from the goods, services, facilities, 13.10 privileges, advantages, and accommodations of the entity if the 13.11 individual poses a direct threat, as defined in section 363A.03, 13.12 subdivision 11a, to the health or safety of others. "Direct13.13 threat" means a significant risk to the health or safety of13.14 others that cannot be eliminated by a modification of policies,13.15 practices, or procedures or by the provision of auxiliary aids13.16 or services.13.17 Sec. 22. Minnesota Statutes 2003 Supplement, section 13.18 363A.12, subdivision 1, is amended to read: 13.19 Subdivision 1. [ACCESS TO PUBLIC SERVICE.] It is an unfair 13.20 discriminatory practice to discriminate against any person in 13.21 the access to, admission to, full utilization of or benefit from 13.22 any public service because of race, color, creed, religion, 13.23 national origin, disability, sex, sexual orientation, or status 13.24 with regard to public assistance or to fail to ensure physical 13.25 and program access for disabled persons unless the public 13.26 service can demonstrate that providing the access would impose 13.27 an undue hardship on its operation. In determining whether 13.28 providing physical and program access would impose an undue 13.29 hardship, factors to be considered include: 13.30 (a) the type and purpose of the public service's operation; 13.31 (b) the nature and cost of the needed accommodation; 13.32 (c) documented good faith efforts to explore less 13.33 restrictive or less expensive alternatives; and 13.34 (d) the extent of consultation with knowledgeable disabled 13.35 persons and organizations. 13.36 Physical and program access must be accomplished within six14.1 months of June 7, 1983, except for needed architectural14.2 modifications, which must be made within two years of June 7,14.3 1983.14.4 Sec. 23. Minnesota Statutes 2003 Supplement, section 14.5 363A.13, subdivision 4, is amended to read: 14.6 Subd. 4. [PURPOSE FOR INFORMATION AND RECORD.] It is an 14.7 unfair discriminatory practice to make or use a written or oral 14.8 inquiry or form of application for admission that elicits or 14.9 attempts to elicit information, or to make or keep a record 14.10 concerning the race, color, national origin, sex, age, or 14.11 marital status of a person seeking admission, unless the 14.12 information is collected for purposes of evaluating the 14.13 effectiveness of recruitment, admissions, and other educational 14.14 policies, and is maintained separately from the application. 14.15 Sec. 24. Minnesota Statutes 2003 Supplement, section 14.16 363A.15, is amended to read: 14.17 363A.15 [REPRISALS.] 14.18 A reprisal includes, but is not limited to, any form of 14.19 intimidation, retaliation, or harassment. It is an unfair 14.20 discriminatory practice for any individual who participated in 14.21 the alleged discrimination as a perpetrator, employer, labor 14.22 organization, employment agency, public accommodation, public 14.23 service, educational institution, or owner, lessor, lessee, 14.24 sublessee, assignee or managing agent of any real property, or 14.25 any real estate broker, real estate salesperson, or employee or 14.26 agent thereof to intentionally engage in any reprisal against 14.27 any person because that person: 14.28 (1) Opposed a practice forbidden under this chapter or has 14.29 filed a charge, testified, assisted, or participated in any 14.30 manner in an investigation, proceeding, or hearing under this 14.31 chapter; or 14.32 (2) Associated with a person or group of persons who are 14.33 disabled or who are of different race, color, creed, religion, 14.34 sexual orientation, sex, age, familial status, marital status, 14.35 status with regard to public assistance, and membership or 14.36 activity in a local human rights commission, or national origin. 15.1 A reprisal includes, but is not limited to, any form of15.2 intimidation, retaliation, or harassment.It is a reprisal for 15.3 an employer to do any of the following with respect to an 15.4 individual because that individual has engaged in the activities 15.5 listed in clause (1) or (2): refuse to hire the individual; 15.6 depart from any customary employment practice; transfer or 15.7 assign the individual to a lesser position in terms of wages, 15.8 hours, job classification, job security, or other employment 15.9 status; or inform another employer that the individual has 15.10 engaged in the activities listed in clause (1) or (2). 15.11 Sec. 25. Minnesota Statutes 2003 Supplement, section 15.12 363A.17, is amended to read: 15.13 363A.17 [BUSINESS DISCRIMINATION.] 15.14 It is an unfair discriminatory practice for a person 15.15 engaged in a trade or business or in the provision of a service: 15.16 (a)(1) to intentionally refuse to do business with, to 15.17 refuse to contract with, to refuse to provide a service to, or 15.18 to discriminate in the basic terms, conditions, or performance 15.19 of the contract because of a person's race, national origin, 15.20 color, sex, sexual orientation, or disability, unless the 15.21 alleged refusal or discrimination is because of a legitimate 15.22 business purpose; 15.23 (2) to refuse to do business with or provide a service to a 15.24 woman based on her use of her current or former surname; or 15.25 (b)(3) to impose, as a condition of doing business with or 15.26 providing a service to a woman, that a woman use her current 15.27 surname rather than a former surname ; or15.28 (c) to intentionally refuse to do business with, to refuse15.29 to contract with, or to discriminate in the basic terms,15.30 conditions, or performance of the contract because of a person's15.31 race, national origin, color, sex, sexual orientation, or15.32 disability, unless the alleged refusal or discrimination is15.33 because of a legitimate business purpose. 15.34 Nothing in this section shall prohibit positive action 15.35 plans. 15.36 Sec. 26. Minnesota Statutes 2003 Supplement, section 16.1 363A.19, is amended to read: 16.2 363A.19 [DISCRIMINATION AGAINST BLIND, DEAF, OR OTHER 16.3 PERSONS WITH PHYSICAL OR SENSORY DISABILITIES PROHIBITED.] 16.4 (a) It is an unfair discriminatory practice for an owner, 16.5 operator, or manager of a hotel, restaurant, public conveyance, 16.6 or other place of public placeaccommodation as defined in 16.7 section 363A.03, subdivision 34, to prohibit a blind or deaf 16.8 person or a person with a physical or sensory disability from 16.9 taking a service animal into the public place or conveyance if 16.10 the service animal can be properly identified as being from a 16.11 recognized program which trains service animals to aid blind or 16.12 deaf persons or persons with physical or sensory disabilities, 16.13 and if the animal is properly harnessed or leashed so that the 16.14 blind or deaf person or a person with a physical or sensory 16.15 disability may maintain control of the animal. 16.16 (b) No person shall require a blind, physically 16.17 handicapped, or deaf person to make an extra payment or pay an 16.18 additional charge when taking a service animal into any of the 16.19 public places referred to in paragraph (a). 16.20 Sec. 27. Minnesota Statutes 2003 Supplement, section 16.21 363A.21, subdivision 1, is amended to read: 16.22 Subdivision 1. [HOUSING.] The provisions of section 16.23 363A.09 shall not apply to: 16.24 (a) rooms in a temporary or permanent residence home run by 16.25 a nonprofit organization, if the discrimination is byon the 16.26 basis of sex; 16.27 (b) the rental by a resident owner or occupier of a 16.28 one-family accommodation of a room or rooms in the accommodation 16.29 to another person or persons if the discrimination is byon the 16.30 basis of sex, marital status, status with regard to public 16.31 assistance, sexual orientation, or disability. Except as 16.32 provided elsewhere in this chapter or other state or federal 16.33 law, no person or group of persons selling, renting, or leasing 16.34 property is required to modify the property in any way, or 16.35 exercise a higher degree of care for a person having a 16.36 disability than for a person who does not have a disability; nor 17.1 shall this chapter be construed to relieve any person or persons 17.2 of any obligations generally imposed on all persons regardless 17.3 of any disability in a written lease, rental agreement, or 17.4 contract of purchase or sale, or to forbid distinctions based on 17.5 the inability to fulfill the terms and conditions, including 17.6 financial obligations of the lease, agreement, or contract; or 17.7 (c) the rental by a resident owner of a unit in a dwelling 17.8 containing not more than two units, if the discrimination is on 17.9 the basis of sexual orientation. 17.10 Sec. 28. Minnesota Statutes 2003 Supplement, section 17.11 363A.21, subdivision 2, is amended to read: 17.12 Subd. 2. [FAMILIAL STATUS.] (a) The provisions of section 17.13 363A.09 prohibiting discrimination becauseon the basis of 17.14 familial status shall not be construed to defeat the 17.15 applicability of any local, state, or federal restrictions 17.16 regarding the maximum number of occupants permitted to occupy a 17.17 dwelling unit and shall not apply to any owner occupied building 17.18 containing four or fewer dwelling units or housing for elderly 17.19 persons. 17.20 (b) "Housing for elderly persons" means housing: 17.21 (1) provided under any state or federal program that the 17.22 commissioner determines is specifically designed and operated to 17.23 assist elderly persons, as defined in the state or federal 17.24 program; 17.25 (2) intended for, and solely occupied by, persons 62 years 17.26 of age or older; or 17.27 (3) intended and operated for occupancy by at least one 17.28 person 55 years of age or older per unit, provided that at least 17.29 80 percent of the units are occupied by at least one person 55 17.30 years of age or older per unit, and there is publication of, and 17.31 adherence to, policies and procedures that demonstrate an intent 17.32 by the owner or manager to provide housing for persons 55 years 17.33 of age or older. 17.34 (c) Housing does not fail to meet the requirements for 17.35 housing for elderly persons by reason of persons residing in the 17.36 housing as of August 1, 1989, who do not meet the age 18.1 requirements of paragraph (b), clauses (2) and (3), if new 18.2 occupants of the housing meet the age requirements of paragraph 18.3 (b), clause (2) or (3). In addition, housing does not fail to 18.4 meet the requirements by reason of unoccupied units if 18.5 unoccupied units are reserved for occupancy by persons who meet 18.6 the age requirements of paragraph (b), clause (2) or (3). 18.7 Sec. 29. Minnesota Statutes 2003 Supplement, section 18.8 363A.28, subdivision 1, is amended to read: 18.9 Subdivision 1. [ACTIONS.] Any person aggrieved by a 18.10 violation of this chapter may bring a civil action as provided 18.11 in section 363A.33, subdivision 1, or may file a verified charge 18.12 with the commissioner or the commissioner's designated agent. A 18.13 verified charge filed with the commissioner must be in writing 18.14 on a form provided by the commissioner and signed by the 18.15 charging party. The charge must state the name of the person 18.16 alleged to have committed an unfair discriminatory practice and 18.17 set out a summary of the details of the practice complained of. 18.18 The commissioner may require a charging party to provide the 18.19 address of the person alleged to have committed the unfair 18.20 discriminatory practice, names of witnesses, documents, and any 18.21 other information necessary to process the charge. The 18.22 commissioner may dismiss a charge when the charging party fails 18.23 to provide required information. The commissioner within ten 18.24 days of the filing shall serve a copy of the charge and a form 18.25 for use in responding to the charge upon the respondent 18.26 personally or by mail. The respondent shall file with the 18.27 department a written response setting out a summary of the 18.28 details of the respondent's position relative to the charge 18.29 within 20 days of receipt of the charge. If the respondent 18.30 fails to respond with a written summary of the details of the 18.31 respondent's position within 30 days after service of the 18.32 charge, and service was consistent with Rule 4 of the Rules of 18.33 Civil Procedure, the commissioner, on behalf of the complaining 18.34 party, may bring an action for default in district court 18.35 pursuant to Rule 55.01 of the Rules of Civil Procedure. 18.36 Sec. 30. Minnesota Statutes 2003 Supplement, section 19.1 363A.28, subdivision 6, is amended to read: 19.2 Subd. 6. [CHARGE PROCESSING.] (1) Consistent with clause 19.3 (7), the commissioner shall promptly inquire into the truth of 19.4 the allegations of the charge. The commissioner shall make an 19.5 immediate inquiry when a charge alleges actual or threatened 19.6 physical violence. The commissioner shall also make an 19.7 immediate inquiry when it appears that a charge is frivolous or 19.8 without merit and shall dismiss those charges. 19.9 The commissioner shall give priority to investigating and 19.10 processing those charges, in the order below, which the 19.11 commissioner determines have the following characteristics: 19.12 (a) there is evidence of irreparable harm if immediate 19.13 action is not taken; 19.14 (b) there is evidence that the respondent has intentionally 19.15 engaged in a reprisal; 19.16 (c) a significant number of recent charges have been filed 19.17 against the respondent; 19.18 (d) the respondent is a government entity; 19.19 (e) there is potential for broadly promoting the policies 19.20 of this chapter; or 19.21 (f) the charge is supported by substantial and credible 19.22 documentation, witnesses, or other evidence. 19.23 The commissioner shall inform charging parties of these 19.24 priorities and shall tell each party if their charge is a 19.25 priority case or not. 19.26 On other charges the commissioner shall make a 19.27 determination within 12 months after the charge was filed as to 19.28 whether or not there is probable cause to credit the allegation 19.29 of unfair discriminatory practices , and. 19.30 (2) If the commissioner determines after investigation that 19.31 no probable cause exists to credit the allegations of the unfair 19.32 discriminatory practice, the commissioner shall, within ten days 19.33 of the determination, serve upon the charging party and 19.34 respondent written notice of the determination. Within ten days 19.35 after receipt of notice, the charging party may request in 19.36 writing, on forms prepared by the department, that the 20.1 commissioner reconsider the determination. The request shall 20.2 contain a brief statement of the reasons for and new evidence in 20.3 support of the request for reconsideration. At the time of 20.4 submission of the request to the commissioner, the charging 20.5 party shall deliver or mail to the respondent a copy of the 20.6 request for reconsideration. The commissioner shall reaffirm, 20.7 reverse, or vacate and remand for further consideration the 20.8 determination of no probable cause within 20 days after receipt 20.9 of the request for reconsideration, and shall within ten days 20.10 notify in writing the charging party and respondent of the 20.11 decision to reaffirm, reverse, or vacate and remand for further 20.12 consideration. 20.13 A decision by the commissioner that no probable cause 20.14 exists to credit the allegations of an unfair discriminatory 20.15 practice shall not be appealed to the Court of Appeals pursuant 20.16 to section 363A.36 or sections 14.63 to 14.68. 20.17 (3) If the commissioner determines after investigation that 20.18 probable cause exists to credit the allegations of unfair 20.19 discriminatory practices, the commissioner shall serve on the 20.20 respondent and the respondent's attorney if the respondent is 20.21 represented by counsel, by first class mail, a notice setting 20.22 forth a short plain written statementmemorandum of the alleged 20.23 facts which support the finding of probable cause and an 20.24 enumeration of the provisions of law allegedly violated. If the 20.25 commissioner determines that attempts to eliminate the alleged 20.26 unfair practices through conciliation pursuant to subdivision 8 20.27 have been or would be unsuccessful or unproductive, the 20.28 commissioner shall issue a complaint and serve on the 20.29 respondent, by registered or certified mail, a written notice of 20.30 hearing together with a copy of the complaint, requiring the 20.31 respondent to answer the allegations of the complaint at a 20.32 hearing before an administrative law judge at a time and place 20.33 specified in the notice, not less than ten days after service of 20.34 said complaint. A copy of the notice shall be furnished to the 20.35 charging party and the attorney general. 20.36 (4) If, at any time after the filing of a charge, the 21.1 commissioner has reason to believe that a respondent has engaged 21.2 in any unfair discriminatory practice, the commissioner may file 21.3 a petition in the district court in a county in which the 21.4 subject of the complaint occurs, or in a county in which a 21.5 respondent resides or transacts business, seeking appropriate 21.6 temporary relief against the respondent, pending final 21.7 determination of proceedings under this chapter, including an 21.8 order or decree restraining the respondent from doing or 21.9 procuring an act tending to render ineffectual an order the 21.10 commissioner may enter with respect to the complaint. The court 21.11 shall have power to grant temporary relief or a restraining 21.12 order as it deems just and proper, but no relief or order 21.13 extending beyond ten days shall be granted except by consent of 21.14 the respondent or after hearing upon notice to the respondent 21.15 and a finding by the court that there is reasonable cause to 21.16 believe that the respondent has engaged in a discriminatory 21.17 practice. Except as modified by subdivisions 1 to 9 and section 21.18 363A.06, subdivision 4, the Minnesota Rules of Civil Procedure 21.19 shall apply to an application, and the district court shall have 21.20 authority to grant or deny the relief sought on conditions as it 21.21 deems just and equitable. All hearings under subdivisions 1 to 21.22 9 and section 363A.06, subdivision 4, shall be given precedence 21.23 as nearly as practicable over all other pending civil actions. 21.24 (5) If a lessor, after engaging in a discriminatory 21.25 practice defined in section 363A.09, subdivision 1, clause (a), 21.26 leases or rents a dwelling unit to a person who has no knowledge 21.27 of the practice or of the existence of a charge with respect to 21.28 the practice, the lessor shall be liable for actual damages 21.29 sustained by a person by reason of a final order as provided in 21.30 subdivisions 1 to 9 and section 363A.06, subdivision 4, 21.31 requiring the person to be evicted from the dwelling unit. 21.32 (6) In any complaint issued under subdivisions 1 to 9 and 21.33 section 363A.06, subdivision 4, the commissioner may seek relief 21.34 for a class of individuals affected by an unfair discriminatory 21.35 practice occurring on or after a date one year prior to the 21.36 filing of the charge from which the complaint originates. 22.1 (7) The commissioner may adopt policies to determine which 22.2 charges are processed and the order in which charges are 22.3 processed based on their particular social or legal 22.4 significance, administrative convenience, difficulty of 22.5 resolution, or other standard consistent with the provisions of 22.6 this chapter. 22.7 (8) The chief administrative law judge shall adopt policies 22.8 to provide sanctions for intentional and frivolous delay caused 22.9 by any charging party or respondent in an investigation, 22.10 hearing, or any other aspect of proceedings before the 22.11 department under this chapter. 22.12 Sec. 31. Minnesota Statutes 2003 Supplement, section 22.13 363A.28, subdivision 7, is amended to read: 22.14 Subd. 7. [APPLICATION OF RULES.] Rules adopted pursuant to 22.15 this subdivisionchapter apply to cases pending before the 22.16 commissioner on the date of adoption. 22.17 Sec. 32. Minnesota Statutes 2003 Supplement, section 22.18 363A.29, subdivision 2, is amended to read: 22.19 Subd. 2. [HEARINGS 180 DAYS AFTER CHARGE.] At any time 22.20 after 180 days from the filing of a charge, if there has been 22.21 neither a finding of probable cause nor of no probable cause, 22.22 the charging party may file a request with the commissioner to 22.23 appear at a hearing on the party's own behalf or through a 22.24 private attorney. The amount of time during which a case is 22.25 involved in significant settlement negotiations, is being 22.26 investigated by another enforcement agency under a work sharing 22.27 agreement, or has been referred to mediation or to a local human22.28 rights commission for no fault grievance processingis not 22.29 counted in computing the 180 days. Tolling of the time during 22.30 settlement negotiations requires written approval of the 22.31 charging party or the party's attorney. The right of a charging 22.32 party to file a request for hearing does not apply in cases that 22.33 have been certified as complex by the commissioner within 60 22.34 days of the filing of the charge. A case may not be certified 22.35 as complex unless it involves multiple parties or issues, 22.36 presents complex issues of law or fact, or presents 23.1 substantially new issues of law in the discrimination area. 23.2 Within five days of certifying a case as complex, the 23.3 commissioner shall give notice of the certification to the 23.4 charging party and the respondent. The commissioner shall make 23.5 a determination of probable cause or no probable cause within 23.6 one year of the filing of a case in which the time has not been 23.7 counted or a case certified as complex. Upon receipt of the 23.8 request, the commissioner shall review the documents and 23.9 information held in the department's files concerning the charge 23.10 and shall release to the charging party and respondent all 23.11 documents and information that are accessible to the charging 23.12 party and respondent under chapter 13. The commissioner shall 23.13 forward the request for hearing to the Office of Administrative 23.14 Hearings, which shall promptly set the matter for hearing. If 23.15 the charging party prevails at this hearing, the administrative 23.16 law judge may require the respondent to reimburse the charging 23.17 party for reasonable attorney's fees. 23.18 Sec. 33. Minnesota Statutes 2003 Supplement, section 23.19 363A.40, subdivision 1, is amended to read: 23.20 Subdivision 1. [DEFINITIONS.] The definitions in this 23.21 subdivision apply to this section. 23.22 (a) "Accessible unit" means an accessible rental housing 23.23 unit that meets the handicapped facility requirements of the 23.24 State Building Code, Minnesota Rules, chapter 13401341. 23.25 (b) "Landlord" has the meaning given it in section 23.26 504B.001, subdivision 7. 23.27 Sec. 34. [REPEALER.] 23.28 Minnesota Statutes 2003 Supplement, section 363A.03, 23.29 subdivisions 3 and 29, are repealed.