SF 2940

as introduced - 89th Legislature (2015 - 2016) Posted on 03/18/2016 11:29am

A bill for an act
relating to employment; protecting unpaid interns from certain employment
discrimination; providing civil penalties; amending Minnesota Statutes 2014,
section 363A.29, subdivision 4; proposing coding for new law in Minnesota
Statutes, chapter 363A.

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

Section 1.

Minnesota Statutes 2014, section 363A.29, subdivision 4, is amended to read:

Subd. 4.

Civil penalty; punitive damages.

(a) The administrative law judge shall
order any respondent found to be in violation of any provision of sections 363A.08
to 363A.19 deleted text begin and deleted text end new text begin , new text end 363A.28, subdivision 10, new text begin and 363A.45 new text end to pay a civil penalty to the
state. This penalty is in addition to compensatory and punitive damages to be paid to
an aggrieved party. The administrative law judge shall determine the amount of the
civil penalty to be paid, taking into account the seriousness and extent of the violation,
the public harm occasioned by the violation, whether the violation was intentional, and
the financial resources of the respondent. Any penalties imposed under this provision
shall be paid into the general fund of the state. In all cases where the administrative
law judge finds that the respondent has engaged in an unfair discriminatory practice,
the administrative law judge shall order the respondent to pay an aggrieved party, who
has suffered discrimination, compensatory damages in an amount up to three times the
actual damages sustained. In all cases, the administrative law judge may also order the
respondent to pay an aggrieved party, who has suffered discrimination, damages for
mental anguish or suffering and reasonable attorney's fees, in addition to punitive damages
in an amount not more than $25,000 pursuant to section 549.20.

(b) In any case where a political subdivision is a respondent, the total of punitive
damages awarded an aggrieved party may not exceed $25,000 and in that case if there are
two or more respondents the punitive damages may be apportioned among them. Punitive
damages may only be assessed against a political subdivision in its capacity as a corporate
entity and no regular or ex officio member of a governing body of a political subdivision
shall be personally liable for payment of punitive damages pursuant to subdivisions 3 to 6.

Sec. 2.

new text begin [363A.45] UNPAID INTERN PROTECTION FROM DISCRIMINATION.
new text end

new text begin Subdivision 1. new text end

new text begin Intern; defined. new text end

new text begin For the purposes of this section, "intern" means an
individual who performs work for an employer for the purpose of training if:
new text end

new text begin (1) the employer is not committed to hire the individual at the conclusion of the
training period;
new text end

new text begin (2) the employer and the individual agree that the individual is not entitled to wages
for the work performed; and
new text end

new text begin (3) the work performed:
new text end

new text begin (i) supplements training given in an educational environment that may enhance the
employability of the individual;
new text end

new text begin (ii) provides experience for the benefit of the individual;
new text end

new text begin (iii) does not displace regular employees; and
new text end

new text begin (iv) is performed under the close supervision of existing staff.
new text end

new text begin Subd. 2. new text end

new text begin Intern discrimination protections. new text end

new text begin (a) An employer must not fail to
hire, discharge, or otherwise discriminate against an individual with respect to the terms,
conditions, or privileges of employment as an intern because of the individual's race, color,
religion, sex, age, national origin, marital status, sexual orientation, or disability unrelated
in nature and extent so as to reasonably preclude the performance of the internship.
new text end

new text begin (b) An employer must make reasonable accommodation for the known disability
of an otherwise qualified intern.
new text end

new text begin (c) An employer must not discriminate or retaliate against any of its interns or
applicants for internships because the intern or applicant has:
new text end

new text begin (1) opposed any practice prohibited by this section; or
new text end

new text begin (2) made a charge, testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under this section.
new text end

new text begin Subd. 3. new text end

new text begin Notice or advertisement. new text end

new text begin An employer must not print or cause to be
printed or published any notice or advertisement relating to an internship with the employer
that indicates any preference, limitation, specification, or discrimination based on race,
color, religion, sex, age, national origin, marital status, sexual orientation, or disability.
new text end

new text begin Subd. 4. new text end

new text begin Complaint; remedies. new text end

new text begin An intern claiming to be aggrieved by an alleged
discriminatory act prohibited under this section:
new text end

new text begin (1) must have access to any internal procedure the employer has for resolving a
complaint by an employee of sexual harassment or other discrimination;
new text end

new text begin (2) may file a grievance under section 363A.28; and
new text end

new text begin (3) is eligible for civil penalties and punitive damages under section 363A.29,
subdivision 4.
new text end

new text begin Subd. 5. new text end

new text begin Employment relationship not created. new text end

new text begin This section does not create and
must not be construed as creating an employment relationship between an employer and
an intern for the purposes of any other provision of law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2016.
new text end