SF 3875

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human rights; increasing punitive damages caps for certain employers;
amending Minnesota Statutes 2006, section 363A.29, subdivision 4, as amended.

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

Section 1.

Minnesota Statutes 2006, section 363A.29, subdivision 4, as amended by
Laws 2008, chapter 215, section 1, 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 and 363A.28, subdivision 10, 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.

new text begin (c) Notwithstanding paragraph (a), the following limitations apply to punitive
damage awards based on unfair discriminatory practices by employers under section
363A.08:
new text end

new text begin (1) for an employer who has 15 to 100 employees in each of 20 or more calendar
weeks in the current or preceding calendar year, $50,000;
new text end

new text begin (2) for an employer who has 101 to 200 employees in each of 20 or more calendar
weeks in the current or preceding calendar year, $100,000;
new text end

new text begin (3) for an employer who has 201 to 500 employees in each of 20 or more calendar
weeks in the current or preceding calendar year, $200,000; or
new text end

new text begin (4) for an employer who has more than 500 employees in each of 20 or more
calendar weeks in the current or preceding calendar year, $300,000.
new text end