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HF 4462

as introduced - 90th Legislature (2017 - 2018) Posted on 04/24/2018 09:01am

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

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A bill for an act
relating to human rights; clarifying the definition of sexual harassment;amending
Minnesota Statutes 2016, section 363A.03, subdivision 43.

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

Section 1.

Minnesota Statutes 2016, section 363A.03, subdivision 43, is amended to read:


Subd. 43.

Sexual harassment.

(a) "Sexual harassment" includes unwelcome sexual
advances, requests for sexual favors, sexually motivated physical contact or other verbal or
physical conduct or communication of a sexual nature when:

(1) submission to that conduct or communication is made a term or condition, either
explicitly or implicitly, of obtaining employment, public accommodations or public services,
education, or housing;

(2) submission to or rejection of that conduct or communication by an individual is used
as a factor in decisions affecting that individual's employment, public accommodations or
public services, education, or housing; or

(3) that conduct or communication has the purpose or effect of substantially interfering
with an individual's employment, public accommodations or public services, education, or
housing, or creating an intimidating, hostile, or offensive employment, public
accommodations, public services, educational, or housing environment.

(b) An intimidating, hostile, or offensive environment under paragraph (a), clause (3),
does not require the harassing conduct or communication to be severe or pervasive.

EFFECTIVE DATE.

This section is effective August 1, 2018, and applies to causes
of action arising on or after that date.

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