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HF 3396

as introduced - 89th Legislature (2015 - 2016) Posted on 04/29/2016 08:10am

KEY: stricken = removed, old language. underscored = added, new language.

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A bill for an act
relating to human rights; clarifying certain provisions in the Human Rights Act
governing gender specific accommodations; amending Minnesota Statutes 2014,
sections 363A.03, subdivision 42; 363A.20, by adding a subdivision; 363A.24,
subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 363A.03, subdivision 42, is amended to
read:


Subd. 42.

Sex.

"Sex" includes, but is not limited to, pregnancy, childbirth, and
disabilities related to pregnancy or childbirth. A person's sex is either male or female
as biologically defined.

Sec. 2.

Minnesota Statutes 2014, section 363A.20, is amended by adding a subdivision
to read:


Subd. 11.

Employer restrooms, locker rooms, dressing rooms, and similar
facilities.

The provisions of section 363A.11 relating to sexual orientation as defined in
section 363A.03, subdivision 44, shall not apply to the employment of any individual with
regard to facilities such as restrooms, locker rooms, dressing rooms, or other similar
places. No claim of nontraditional identity or "sexual orientation" may override another
person's right of privacy based on biological sex in such facilities as restrooms, locker
rooms, dressing rooms, and other similar places, which shall remain reserved for males or
females as they are biologically defined.

Sec. 3.

Minnesota Statutes 2014, section 363A.24, subdivision 1, is amended to read:


Subdivision 1.

Restrooms, locker rooms, dressing rooms, and similar places.

(a) The provisions of section 363A.11 relating to sex, or sexual orientation as defined in
section 363A.03, subdivision 44,
shall not apply to such public facilities as restrooms,
locker rooms, dressing rooms, and other similar places. No claim of nontraditional identity
or "sexual orientation" may override another person's right of privacy based on biological
sex in public facilities such as restrooms, locker rooms, dressing rooms, and other similar
places, which shall remain reserved for males or females as biologically defined.
The
provisions of section 363A.11 do not apply to employees or volunteers of a nonpublic
service organization whose primary function is providing occasional services to minors,
such as youth sports organizations, scouting organizations, boys' or girls' clubs, programs
providing friends, counselors, or role models for minors, youth theater, dance, music or
artistic organizations, agricultural organizations for minors, and other youth organizations,
with respect to qualifications based on sexual orientation.

(b) Other than single-occupancy facilities, no employer shall permit access to
restrooms, locker rooms, dressing rooms, and other similar places on any basis other than
biological sex. Nothing in this section shall be construed to: (1) limit access by a minor
accompanied by an adult guardian of the opposite sex into a specified facility appropriate
for the adult guardian, where the minor has not reached the age of nine years; (2) prohibit
a person with disabilities from using a specified facility appropriate to the biological sex
of either the disabled person or of an adult caretaker providing assistance; or (3) prohibit
access by bona fide custodial staff or any other person in an actual emergency, where the
person knocks and announces as a member of the opposite sex, if practicable.

(c) Other than single-occupancy facilities, no public school or university shall
permit access to restrooms, locker rooms, dressing rooms, and other similar places used
by minor students on any basis other than biological sex. Nothing in this section shall
be construed to: (1) limit access to other specified facilities by a minor accompanied by
an adult guardian, where the minor has not reached the age of nine years; (2) prohibit a
person with disabilities from using a specified facility appropriate to the biological sex of
either the disabled person or of an adult caretaker providing assistance; or (3) prohibit
access by bona fide custodial staff or any person in an actual emergency, where the person
knocks and announces as a member of the opposite sex, if practicable.

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