SF 200

as introduced - 94th Legislature (2025 - 2026) Posted on 01/29/2025 04:08pm

A bill for an act
relating to human rights; changing provision on disparate impact cases; amending
Minnesota Statutes 2024, section 363A.28, subdivision 10.

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

Section 1.

Minnesota Statutes 2024, section 363A.28, subdivision 10, is amended to read:

Subd. 10.

Disparate impact cases in employment.

If the complaining party has met
its burden of showing that deleted text begin an employment deleted text end new text begin the respondent's new text end practice is responsible for a
statistically significant adverse impact on a particular class of persons protected by deleted text begin section
363A.08, subdivision 2, an employer deleted text end new text begin sections 363A.08 to 363A.19, a respondent new text end must
justify that practice by demonstrating that the practice deleted text begin is manifestly related to the job or deleted text end
significantly furthers an important business new text begin , governmental, or educational new text end purpose. new text begin For
purposes of section 363A.08, subdivision 2, a respondent must also demonstrate that the
challenged practice is manifestly related to the job for the position in question. new text end Upon
establishment of this justification, the charging party may prevail upon demonstration of
the existence of a comparably effective practice that the court finds would cause a
significantly lesser adverse impact on the identified protected class.