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HF 794

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/08/2021 02:07pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to civil law; amending the statute of limitations for actions under the
Minnesota Human Rights Act; amending Minnesota Statutes 2020, section 363A.28,
subdivision 3.

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

Section 1.

Minnesota Statutes 2020, section 363A.28, subdivision 3, is amended to read:


Subd. 3.

For filing claim; filing options.

(a) A claim of an unfair discriminatory practice
must be brought as a civil action pursuant to section 363A.33, subdivision 1, filed in a charge
with a local commission pursuant to section 363A.07, subdivision 3, or filed in a charge
with the commissioner within deleted text begin one year afterdeleted text end new text begin ten years of new text end the occurrence of the practice.

(b) The running of the deleted text begin one-yeardeleted text end new text begin ten-yearnew text end limitation period is suspended during the time
a potential charging party and respondent are voluntarily engaged in a dispute resolution
process involving a claim of unlawful discrimination under this chapter, including arbitration,
conciliation, mediation or grievance procedures pursuant to a collective bargaining agreement
or statutory, charter, ordinance provisions for a civil service or other employment system
or a school board sexual harassment or sexual violence policy. A potential respondent who
participates in such a process with a potential charging party before a charge is filed or a
civil action is brought shall notify the department and the charging party in writing of the
participation in the process and the date the process commenced and shall also notify the
department and the charging party of the ending date of the process. A respondent who fails
to provide this notification is barred from raising the defense that the statute of limitations
has run unless deleted text begin one yeardeleted text end new text begin ten yearsnew text end plus a period of time equal to the suspension period has
passed.

(c) The running of the deleted text begin one-yeardeleted text end new text begin ten-yearnew text end limitation period is suspended during the
applicable time period under section 363A.331, subdivision 2, during which a civil action
may not be brought.