SF 2006

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/27/2014 02:24pm

A bill for an act
relating to human rights; prohibiting discrimination in employment based on
status as a family caregiver; amending Minnesota Statutes 2012, sections
363A.03, by adding a subdivision; 363A.08, subdivisions 1, 2, 3, 4; 363A.20,
subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 363A.03, is amended by adding a
subdivision to read:

new text begin Subd. 18a. new text end

new text begin Family caregiver. new text end

new text begin "Family caregiver" means a person who cares for a
child, parent, grandparent, sibling, spouse, or domestic partner, or who serves as a health
care agent. For purposes of this subdivision:
new text end

new text begin (1) "child" means a minor or adult: biological child, adopted child, foster child,
grandchild, stepchild, legal ward, or a person to whom the caregiver stands in loco parentis;
new text end

new text begin (2) "parent" means a biological parent, foster parent, stepparent, adoptive parent,
or legal guardian of a caregiver or the caregiver's spouse;
new text end

new text begin (3) "grandparent" means a parent of a parent;
new text end

new text begin (4) "sibling" means a biological, foster, or adoptive sibling or stepsibling;
new text end

new text begin (5) "spouse" means a person to whom the caregiver is legally married under the
laws of Minnesota;
new text end

new text begin (6) "domestic partner" means an individual recognized as the domestic partner
of the family caregiver either by operation of a Minnesota municipal domestic partner
registration ordinance or by an employer of either of the domestic partners; and
new text end

new text begin (7) "health care agent" means an individual who has been appointed as a health care
agent pursuant to a health care directive executed under chapter 145C.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2012, section 363A.08, subdivision 1, is amended to read:

Subdivision 1.

Labor organization.

Except when based on a bona fide occupational
qualification, it is an unfair employment practice for a labor organization, because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, new text begin familial status, status as a family caregiver, new text end disability, sexual orientation, or age:

(1) to deny full and equal membership rights to a person seeking membership or
to a member;

(2) to expel a member from membership;

(3) to discriminate against a person seeking membership or a member with respect
to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities,
or privileges of employment; or

(4) to fail to classify properly, or refer for employment or otherwise to discriminate
against a person or member.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2012, section 363A.08, subdivision 2, is amended to read:

Subd. 2.

Employer.

Except when based on a bona fide occupational qualification, it
is an unfair employment practice for an employer, because of race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, new text begin familial status,
status as a family caregiver, new text end membership or activity in a local commission, disability,
sexual orientation, or age to:

(1) refuse to hire or to maintain a system of employment which unreasonably
excludes a person seeking employment; or

(2) discharge an employee; or

(3) discriminate against a person with respect to hiring, tenure, compensation, terms,
upgrading, conditions, facilities, or privileges of employment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2012, section 363A.08, subdivision 3, is amended to read:

Subd. 3.

Employment agency.

Except when based on a bona fide occupational
qualification, it is an unfair employment practice for an employment agency, because of
race, color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, new text begin familial status, status as a family caregiver, new text end disability, sexual orientation, or
age to:

(1) refuse or fail to accept, register, classify properly, or refer for employment or
otherwise to discriminate against a person; or

(2) comply with a request from an employer for referral of applicants for
employment if the request indicates directly or indirectly that the employer fails to comply
with the provisions of this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2012, section 363A.08, subdivision 4, is amended to read:

Subd. 4.

Employer, employment agency, or labor organization.

(a) Except when
based on a bona fide occupational qualification, it is an unfair employment practice for an
employer, employment agency, or labor organization, before a person is employed by an
employer or admitted to membership in a labor organization, to:

(1) require or request the person to furnish information that pertains to race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
new text begin familial status, new text end new text begin status as a family caregiver, new text end disability, sexual orientation, or age; or, subject
to section 363A.20, to require or request a person to undergo physical examination; unless
for the sole and exclusive purpose of national security, information pertaining to national
origin is required by the United States, this state or a political subdivision or agency of
the United States or this state, or for the sole and exclusive purpose of compliance with
the Public Contracts Act or any rule, regulation, or laws of the United States or of this
state requiring the information or examination. A law enforcement agency may, after
notifying an applicant for a peace officer or part-time peace officer position that the law
enforcement agency is commencing the background investigation on the applicant, request
the applicant's date of birth, gender, and race on a separate form for the sole and exclusive
purpose of conducting a criminal history check, a driver's license check, and fingerprint
criminal history inquiry. The form shall include a statement indicating why the data is
being collected and what its limited use will be. No document which has date of birth,
gender, or race information will be included in the information given to or available to
any person who is involved in selecting the person or persons employed other than the
background investigator. No person may act both as background investigator and be
involved in the selection of an employee except that the background investigator's report
about background may be used in that selection as long as no direct or indirect references
are made to the applicant's race, age, or gender; or

(2) seek and obtain for purposes of making a job decision, information from any
source that pertains to the person's race, color, creed, religion, national origin, sex,
marital status, status with regard to public assistance, new text begin familial status, status as a family
caregiver, new text end disability, sexual orientation, or age, unless for the sole and exclusive purpose
of compliance with the Public Contracts Act or any rule, regulation, or laws of the United
States or of this state requiring the information; or

(3) cause to be printed or published a notice or advertisement that relates to
employment or membership and discloses a preference, limitation, specification, or
discrimination based on race, color, creed, religion, national origin, sex, marital status,
status with regard to public assistance, new text begin familial status, new text end new text begin status as a family caregiver,
new text end disability, sexual orientation, or age.

(b) Any individual who is required to provide information that is prohibited by this
subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28,
subdivisions 1 to 9.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2012, section 363A.20, subdivision 1, is amended to read:

Subdivision 1.

Employment.

new text begin (a) new text end The provisions of section 363A.08 shall not apply
to the employment of any individual:

(1) by the individual's parent, grandparent, spouse, child, or grandchild; or

(2) in the domestic service of any person.

new text begin (b) Section 363A.08 does not require employers to provide special accommodations
to a family caregiver that it does not provide to other employees, except as required by
existing state or federal law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end