SF 2886

as introduced - 89th Legislature (2015 - 2016) Posted on 03/29/2016 10:31am

A bill for an act
relating to state government; extending the statute of limitations for a minor child
filing a claim under the Human Rights Act; amending Minnesota Statutes 2014,
sections 363A.07, subdivision 3; 363A.28, subdivision 3, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 363A.07, subdivision 3, is amended to read:

Subd. 3.

Referral to commissioner.

A local commission may refer a matter under
its jurisdiction to the commissioner.

The charging party has the option of filing a charge either with a local commission
or the department. Notwithstanding the provisions of any ordinance or resolution to
the contrary, a charge may be filed with a local commission within one year after the
occurrence of the practice. new text begin In the case of a minor child under age 18, the claim must be
brought within 12 months after the minor child's 18th birthday. new text end The exercise of such
choice in filing a charge with one agency shall preclude the option of filing the same
charge with the other agency. At the time a charge comes to the attention of a local agency,
the agency or its representative shall inform the charging party of this option, and of the
party's rights under Laws 1967, chapter 897.

Where this chapter provides additional protections and remedies not provided for
under a local antidiscrimination ordinance, the local commission shall advise a party
bringing a charge under a local ordinance of those additional protections and remedies and
of the option to file a charge under this chapter.

The term "local commission" as used in this subdivision has the same meaning given
the term in section 363A.03, subdivision 23.

Sec. 2.

Minnesota Statutes 2014, section 363A.28, subdivision 3, is amended to read:

Subd. 3.

For filing claim; filing options.

new text begin (a) new text end 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 one year after the occurrence of the practice. new text begin In
the case of a minor child under age 18, the claim must be brought within 12 months after
the minor child's 18th birthday.
new text end

new text begin (b) new text end The running of the one-year 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 one year plus a period of time
equal to the suspension period has passed.

new text begin (c) When a potential charging party files a claim with the EEOC, it is deemed to be
simultaneously filed with the Department of Human Rights.
new text end

Sec. 3.

Minnesota Statutes 2014, section 363A.28, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Survival of claim. new text end

new text begin When a charging party dies during the course of
the investigation or conciliation under this chapter, the claim survives for the benefit of
the charging party's estate.
new text end