SF 729

as introduced - 92nd Legislature (2021 - 2022) Posted on 08/06/2021 05:39pm

A bill for an act
relating to human rights; making certain changes to the Human Rights Act;
amending Minnesota Statutes 2020, sections 363A.02, subdivision 1; 363A.28,
subdivisions 1, 6; 363A.31, subdivision 2; 363A.33, subdivision 3; 363A.36,
subdivisions 1, 4, by adding a subdivision; 363A.44, subdivision 9.

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

Section 1.

Minnesota Statutes 2020, section 363A.02, subdivision 1, is amended to read:

Subdivision 1.

Freedom from discrimination.

(a) It is the public policy of this state to
secure for persons in this state, freedom from discrimination:

(1) in employment because of race, color, creed, religion, national origin, sex, marital
status, disability, status with regard to public assistance, sexual orientation, new text begin familial status, new text end
and age;

(2) in housing and real property because of race, color, creed, religion, national origin,
sex, marital status, disability, status with regard to public assistance, sexual orientation, and
familial status;

(3) in public accommodations because of race, color, creed, religion, national origin,
sex, sexual orientation, and disability;

(4) in public services because of race, color, creed, religion, national origin, sex, marital
status, disability, sexual orientation, and status with regard to public assistance; and

(5) in education because of race, color, creed, religion, national origin, sex, marital status,
disability, status with regard to public assistance, sexual orientation, and age.

(b) Such discrimination threatens the rights and privileges of the inhabitants of this state
and menaces the institutions and foundations of democracy. It is also the public policy of
this state to protect all persons from wholly unfounded charges of discrimination. Nothing
in this chapter shall be interpreted as restricting the implementation of positive action
programs to combat discrimination.

Sec. 2.

Minnesota Statutes 2020, section 363A.28, subdivision 1, is amended to read:

Subdivision 1.

Actions.

Any person aggrieved by a violation of this chapter may bring
a civil action as provided in section 363A.33, subdivision 1, or may file a verified charge
with the commissioner or the commissioner's designated agent. A charge filed with the
commissioner must be in writing new text begin by hand, or electronically with an unsworn declaration
under penalty of perjury, new text end on a form provided by the commissioner and signed by the charging
party. The charge must state the name of the person alleged to have committed an unfair
discriminatory practice and set out a summary of the details of the practice complained of.
The commissioner may require a charging party to provide the address of the person alleged
to have committed the unfair discriminatory practice, names of witnesses, documents, and
any other information necessary to process the charge. The commissioner may dismiss a
charge when the charging party fails to provide required information. The commissioner
within ten days of the filing shall serve a copy of the charge and a form for use in responding
to the charge upon the respondent personally new text begin , electronically with the receiving party's
consent, new text end or by mail. The respondent shall file with the department a written response setting
out a summary of the details of the respondent's position relative to the charge within deleted text begin 20 deleted text end new text begin
30 new text end days of receipt of the charge. If the respondent fails to respond with a written summary
of the details of the respondent's position within 30 days after service of the charge, and
service was consistent with rule 4 of the Rules of Civil Procedure, the commissioner, on
behalf of the complaining party, may bring an action for default in district court pursuant
to rule 55.01 of the Rules of Civil Procedure.

Sec. 3.

Minnesota Statutes 2020, section 363A.28, subdivision 6, is amended to read:

Subd. 6.

Charge processing.

(a) Consistent with paragraph (h), the commissioner shall
promptly inquire into the truth of the allegations of the charge. The commissioner shall
make an immediate inquiry when a charge alleges actual or threatened physical violence.
The commissioner shall also make an deleted text begin immediate deleted text end inquiry when it appears that a charge is
frivolous or without merit and shall dismiss those charges.

(b) The commissioner shall give priority to investigating and processing those charges,
in the order below, which the commissioner determines have the following characteristics:

(1) there is evidence of irreparable harm if immediate action is not taken;

(2) there is evidence that the respondent has intentionally engaged in a reprisal;

(3) a significant number of recent charges have been filed against the respondent;

(4) the respondent is a government entity;

(5) there is potential for broadly promoting the policies of this chapter; or

(6) the charge is supported by substantial and credible documentation, witnesses, or
other evidence.

The commissioner shall inform charging parties of these priorities and shall tell each
party if their charge is a priority case or not.

On other charges the commissioner shall make a determination within 12 months after
the charge was filed as to whether or not there is probable cause to credit the allegation of
unfair discriminatory practices.

(c) If the commissioner determines after investigation that no probable cause exists to
credit the allegations of the unfair discriminatory practice, the commissioner shall, within
ten days of the determination, serve upon the charging party and respondent written notice
of the determination. Within deleted text begin ten deleted text end new text begin 30 new text end days after receipt of notice, the charging party may
request in writing, on forms prepared by the department, that the commissioner reconsider
the determination. The request shall contain a brief statement of the reasons for and new
evidence in support of the request for reconsideration. At the time of submission of the
request to the commissioner, the charging party shall deliver or mail to the respondent a
copy of the request for reconsideration. The commissioner shall reaffirm, reverse, or vacate
and remand for further consideration the determination of no probable cause within 20 days
after receipt of the request for reconsideration, and shall within ten days notify in writing
the charging party and respondent of the decision to reaffirm, reverse, or vacate and remand
for further consideration.

A decision by the commissioner that no probable cause exists to credit the allegations
of an unfair discriminatory practice shall not be appealed to the court of appeals pursuant
to section 363A.36 or sections 14.63 to 14.68.

(d) If the commissioner determines after investigation that probable cause exists to credit
the allegations of unfair discriminatory practices, the commissioner shall serve on the
respondent and the respondent's attorney if the respondent is represented by counsel, by
first class mail, new text begin or electronically with the receiving party's consent, new text end a notice setting forth a
short plain written statement of the alleged facts which support the finding of probable cause
and an enumeration of the provisions of law allegedly violated. new text begin Within 30 days after receipt
of notice, the respondent may request in writing, on forms prepared by the department, that
the commissioner reconsider the determination. new text end If the commissioner determines that attempts
to eliminate the alleged unfair practices through conciliation pursuant to subdivision 8 have
been or would be unsuccessful or unproductive, the commissioner deleted text begin shall deleted text end new text begin may new text end issue a complaint
and serve on the respondent, by registered or certified mail, new text begin or electronically with the
receiving party's consent, new text end a written notice of hearing together with a copy of the complaint,
requiring the respondent to answer the allegations of the complaint at a hearing before an
administrative law judge at a time and place specified in the notice, not less than ten days
after service of said complaint. A copy of the notice shall be furnished to the charging party
and the attorney general.

(e) If, at any time after the filing of a charge, the commissioner has reason to believe
that a respondent has engaged in any unfair discriminatory practice, the commissioner may
file a petition in the district court in a county in which the subject of the complaint occurs,
or in a county in which a respondent resides or transacts business, seeking appropriate
temporary relief against the respondent, pending final determination of proceedings under
this chapter, including an order or decree restraining the respondent from doing or procuring
an act tending to render ineffectual an order the commissioner may enter with respect to
the complaint. The court shall have power to grant temporary relief or a restraining order
as it deems just and proper, but no relief or order extending beyond ten days shall be granted
except by consent of the respondent or after hearing upon notice to the respondent and a
finding by the court that there is reasonable cause to believe that the respondent has engaged
in a discriminatory practice. Except as modified by subdivisions 1 to 9 and section 363A.06,
subdivision 4, the Minnesota Rules of Civil Procedure shall apply to an application, and
the district court shall have authority to grant or deny the relief sought on conditions as it
deems just and equitable. All hearings under subdivisions 1 to 9 and section 363A.06,
subdivision 4, shall be given precedence as nearly as practicable over all other pending civil
actions.

(f) If a lessor, after engaging in a discriminatory practice defined in section 363A.09,
subdivision 1, clause (1), leases or rents a dwelling unit to a person who has no knowledge
of the practice or of the existence of a charge with respect to the practice, the lessor shall
be liable for actual damages sustained by a person by reason of a final order as provided in
subdivisions 1 to 9 and section 363A.06, subdivision 4, requiring the person to be evicted
from the dwelling unit.

(g) In any complaint issued under subdivisions 1 to 9 and section 363A.06, subdivision
4, the commissioner may seek relief for a class of individuals affected by an unfair
discriminatory practice occurring on or after a date one year prior to the filing of the charge
from which the complaint originates.

(h) The commissioner may adopt policies to determine which charges are processed and
the order in which charges are processed based on their particular social or legal significance,
administrative convenience, difficulty of resolution, or other standard consistent with the
provisions of this chapter.

(i) The chief administrative law judge shall adopt policies to provide sanctions for
intentional and frivolous delay caused by any charging party or respondent in an investigation,
hearing, or any other aspect of proceedings before the department under this chapter.

Sec. 4.

Minnesota Statutes 2020, section 363A.31, subdivision 2, is amended to read:

Subd. 2.

Rescission of waiver.

A waiver or release of rights or remedies secured by this
chapter which purports to apply to claims arising out of acts or practices prior to, or
concurrent with, the execution of the waiver or release may be rescinded within 15 calendar
days of its execution, except that a waiver or release given in settlement of a claim filed
with the department or with another administrative agency or judicial body is valid and final
upon execution. A waiving or releasing party shall be informed in writing of the right to
rescind the waiver or release. To be effective, the rescission must be in writing and delivered
to the waived or released party deleted text begin either deleted text end by hand new text begin , electronically with the receiving party's
consent, new text end or new text begin by new text end mail within the 15-day period. If delivered by mail, the rescission must be:

(1) postmarked within the 15-day period;

(2) properly addressed to the waived or released party; and

(3) sent by certified mail return receipt requested.

Sec. 5.

Minnesota Statutes 2020, section 363A.33, subdivision 3, is amended to read:

Subd. 3.

Summons and complaints in a civil action.

A charging party bringing a civil
action shall mail by registered or certified mail new text begin , or electronically with the receiving party's
consent, new text end a copy of the summons and complaint to the commissioner, and upon their receipt
the commissioner shall terminate all proceedings in the department relating to the charge.
No charge shall be filed or reinstituted with the commissioner after a civil action relating
to the same unfair discriminatory practice has been brought unless the civil action has been
dismissed without prejudice.

Sec. 6.

Minnesota Statutes 2020, section 363A.36, subdivision 1, is amended to read:

Subdivision 1.

Scope of application.

(a) deleted text begin For all contracts for goods and services in
excess of $100,000, no department or agency of the state shall accept any bid or proposal
for a contract or agreement from any business having more than 40 full-time employees
within this state on a single working day during the previous 12 months, unless the
commissioner is in receipt of the business' affirmative action plan for the employment of
minority persons, women, and qualified disabled individuals. No department or agency of
the state shall execute any such contract or agreement until the affirmative action plan has
been approved by the commissioner. Receipt of a certificate of compliance issued by the
commissioner shall signify that a firm or business has an affirmative action plan that has
been approved by the commissioner. A certificate shall be valid for a period of four years. deleted text end new text begin
No department, agency of the state, the Metropolitan Council, or agency subject to section
473.143, subdivision 1, shall execute a contract for goods or services in excess of $100,000
with a business that has 40 or more full-time employees in this state or a state where the
business has its primary place of business on a single day during the prior 12 months, unless
the business has a workforce certificate from the commissioner of human rights or has
certified in writing that it is exempt. Determinations of exempt status shall be made by the
commissioner of human rights. A certificate is valid for four years. new text end A municipality as defined
in section 466.01, subdivision 1, that receives state money for any reason is encouraged to
prepare and implement an affirmative action plan for the employment of deleted text begin minority persons, deleted text end new text begin
people with disabilities, people of color, and new text end women, and deleted text begin the qualified disabled and deleted text end new text begin to new text end
submit the plan to the commissioner.

deleted text begin (b) This paragraph applies to a contract for goods or services in excess of $100,000 to
be entered into between a department or agency of the state and a business that is not subject
to paragraph (a), but that has more than 40 full-time employees on a single working day
during the previous 12 months in the state where the business has its primary place of
business. A department or agency of the state may not execute a contract or agreement with
a business covered by this paragraph unless the business has a certificate of compliance
issued by the commissioner under paragraph (a) or the business certifies that it is in
compliance with federal affirmative action requirements.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end This section does not apply to contracts entered into by the State Board of
Investment for investment options under section 356.645.

deleted text begin (d) deleted text end new text begin (c) new text end The commissioner shall issue a certificate of compliance or notice of denial within
15 days of the application submitted by the business or firm.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2021, and applies to contracts
entered into on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2020, section 363A.36, subdivision 4, is amended to read:

Subd. 4.

Revocation of contract.

A contract awarded by a department or agency of the
state new text begin , the Metropolitan Council, or an agency subject to section 473.143, subdivision 1, new text end may
be terminated or abridged by the deleted text begin department or agency deleted text end new text begin awarding entity new text end because of suspension
or revocation of a certificate based upon a contractor's failure to implement or make a good
faith effort to implement an affirmative action plan approved by the commissioner under
this section. If a contract is awarded to a person who does not have a contract compliance
certificate required under subdivision 1, the commissioner may void the contract on behalf
of the state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2021, and applies to contracts
entered into on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2020, section 363A.36, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Access to data. new text end

new text begin Data submitted to the commissioner related to a certificate of
compliance are private data on individuals or nonpublic data with respect to persons other
than department employees. The commissioner's decision to issue, not issue, revoke, or
suspend or otherwise penalize a certificate holder of a certificate of compliance is public
data. Private or nonpublic data shall not be disclosed except to other state agencies, statewide
systems, and political subdivisions for the purposes of achieving compliance with this
section.
new text end

Sec. 9.

Minnesota Statutes 2020, section 363A.44, subdivision 9, is amended to read:

Subd. 9.

Access to data.

Data submitted to the commissioner related to equal pay
certificates are private data on individuals or nonpublic data with respect to persons other
than department employees. The commissioner's decision to issue, not issue, revoke, or
suspend new text begin or otherwise penalize a certificate holder of new text end an equal pay certificate is public data. new text begin
Private or nonpublic data shall not be disclosed except to other state agencies, statewide
systems, and political subdivisions for the purposes of achieving compliance with this
section.
new text end