Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 175-S.F.No. 609 
           An act relating to human rights; prohibiting the 
          waiver of legal rights or remedies in certain human 
          rights cases; establishing standards for waiver 
          rescission; amending Minnesota Statutes 1984, section 
          363.031.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 363.031, is 
amended to read: 
    363.031 [LIMITATIONS ON WAIVER PROHIBITED.] 
    Subdivision 1.  [PROSPECTIVE WAIVER PROHIBITED.] Any 
provision, whether oral or written, of a lease, contract, or 
other agreement or instrument, which purports to be a waiver by 
an individual of any right or remedy provided in chapter 363 is 
contrary to public policy and void.  Nothing in this section 
shall be construed to prevent a waiver given in full and final 
written settlement of an existing, identified claim, whether by 
grievance, mediation, arbitration, or other settlement agreement 
if the waiver or release purports to waive claims arising out of 
acts or practices which occur after the execution of the waiver 
or release.  
    Subd. 2.  [RECISSION OF WAIVER.] A waiver or release of 
rights or remedies secured by chapter 363 which purports to 
apply to claims arising out of acts or practices prior to, or 
concurrent with, the execution of the waiver or release may be 
rescinded within fifteen calendar days of its execution, except 
that a waiver or release given in settlement of a claim filed 
with the department or with another administrative agency or 
judicial body is valid and final upon execution.  A waiving or 
releasing party shall be informed in writing of the right to 
rescind the waiver or release.  To be effective, the rescission 
must be in writing and delivered to the waived or released party 
either by hand or mail within the fifteen-day period.  If 
delivered by mail, the rescission must be: 
    (1) postmarked within the fifteen-day period; 
    (2) properly addressed to the waived or released party; and 
    (3) sent by certified mail return receipt requested.  
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1, subdivision 1, is effective retroactive to 
August 1, 1984. 
    Approved May 21, 1985