Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 129-H.F.No. 580 
           An act relating to human rights; changing certain 
          requirements relating to disabled persons; amending 
          Minnesota Statutes 1986, sections 363.02, subdivisions 
          1 and 5; 363.03, subdivision 1; and 363.116.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 363.02, 
subdivision 1, is amended to read:  
    Subdivision 1.  [EMPLOYMENT.] The provisions of section 
363.03, subdivision 1, shall not apply to: 
    (1) The employment of any individual 
    (a) by the individual's parent, grandparent, spouse, child, 
or grandchild, or 
    (b) in the domestic service of any person; 
    (2) A religious or fraternal corporation, association, or 
society, with respect to qualifications based on religion, when 
religion shall be a bona fide occupational qualification for 
employment; 
    (3) The employment of one person in place of another, 
standing by itself, shall not be evidence of an unfair 
discriminatory practice; 
    (4) The operation of a bona fide seniority system which 
mandates differences in such things as wages, hiring priorities, 
layoff priorities, vacation credit, and job assignments based on 
seniority, so long as the operation of the system is not a 
subterfuge to evade the provisions of chapter 363;  
     (5) With respect to age discrimination, a practice by which 
a labor organization or employer offers or supplies varying 
insurance benefits or other fringe benefits to members or 
employees of differing ages, so long as the cost to the labor 
organization or employer for the benefits is reasonably 
equivalent for all members or employees;  
     (6) A restriction imposed by state statute, home rule 
charter, ordinance, or civil service rule, and applied uniformly 
and without exception to all individuals, which establishes a 
maximum age for entry into employment as a peace officer or 
firefighter.  
    (7) Nothing in this chapter concerning age discrimination 
shall be construed to validate or permit age requirements which 
have a disproportionate impact on persons of any class otherwise 
protected by section 363.03, subdivision 1 or 5. 
    It is not an unfair employment practice for an employer, 
employment agency or labor organization: 
    (i) to require or request a person to undergo physical 
examination, which may include a medical history, for the 
purpose of determining the person's capability to perform 
available employment, provided (a) that an offer of employment 
has been made on condition that the person meets the physical or 
mental requirements of the job; (b) that the examination tests 
only for essential job-related abilities; and (c) that the 
examination, unless limited to determining whether the person's 
disability would prevent performance of the job, except for 
examinations authorized under chapter 176 is required of all 
persons conditionally offered employment for the same position 
regardless of disability; or 
    (ii) with the consent of the employee, to obtain additional 
medical information for the purposes of establishing an employee 
health record;  
    (iii) to administer preemployment tests, provided that the 
tests (a) measure only essential job-related abilities, (b) are 
required of all applicants for the same position regardless of 
disability unless limited to determining whether the person's 
disability would prevent performance of the job except for tests 
authorized under chapter 176, and (c) accurately measure the 
applicant's aptitude, achievement level, or whatever factors 
they purport to measure rather than reflecting the applicant's 
impaired sensory, manual, or speaking skills, except when those 
skills are the factors that the tests purport to measure; or 
    (iv) to limit receipt of benefits payable under a fringe 
benefit plan for disabilities to that period of time which a 
licensed physician reasonably determines a person is unable to 
work; or 
    (v) to provide special safety considerations for pregnant 
women involved in tasks which are potentially hazardous to the 
health of the unborn child, as determined by medical criteria. 
    Sec. 2.  Minnesota Statutes 1986, section 363.02, 
subdivision 5, is amended to read:  
    Subd. 5.  [DISABILITY.] Nothing in this chapter shall be 
construed to prohibit any program, service, facility or 
privilege afforded to a person with a disability which is 
intended to habilitate, rehabilitate or accommodate that 
person.  It is a defense to a complaint or action brought 
under the employment provisions of this chapter that the person 
bringing the complaint or action has a disability which in the 
circumstances and even with reasonable accommodation, as defined 
in section 363.03, subdivision 1, clause (6), poses a serious 
threat to the health or safety of the disabled person or 
others.  The burden of proving this defense is upon the 
respondent. 
    Sec. 3.  Minnesota Statutes 1986, section 363.03, 
subdivision 1, is amended to read:  
    Subdivision 1.  [EMPLOYMENT.] Except when based on a bona 
fide occupational qualification, it is an unfair employment 
practice: 
    (1) For a labor organization, because of race, color, 
creed, religion, national origin, sex, marital status, status 
with regard to public assistance, disability, or age, 
    (a) to deny full and equal membership rights to a person 
seeking membership or to a member; 
    (b) to expel a member from membership; 
    (c) 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 
    (d) to fail to classify properly, or refer for employment 
or otherwise to discriminate against a person or member. 
    (2) For an employer, because of race, color, creed, 
religion, national origin, sex, marital status, status with 
regard to public assistance, membership or activity in a local 
commission, disability, or age, 
    (a) to refuse to hire or to maintain a system of employment 
which unreasonably excludes a person seeking employment; or 
    (b) to discharge an employee; or 
    (c) to discriminate against a person with respect to 
hiring, tenure, compensation, terms, upgrading, conditions, 
facilities, or privileges of employment. 
    (3) For an employment agency, because of race, color, 
creed, religion, national origin, sex, marital status, status 
with regard to public assistance, disability, or age, 
    (a) to refuse or fail to accept, register, classify 
properly, or refer for employment or otherwise to discriminate 
against a person; or 
    (b) to 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. 
    (4) 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 
    (a) require the person to furnish information that pertains 
to race, color, creed, religion, national origin, sex, marital 
status, status with regard to public assistance or disability, 
unless, for the 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 purpose of compliance with the 
public contracts act or any rule, regulation or laws of the 
United States or of this state requiring information pertaining 
to race, color, creed, religion, national origin, sex, marital 
status, status with regard to public assistance or disability is 
required by the United States or a political subdivision or 
agency of the United States; or 
    (b) 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, disability or age. 
    (5) For an employer, an employment agency or a labor 
organization, with respect to all employment related purposes, 
including receipt of benefits under fringe benefit programs, not 
to treat women affected by pregnancy, childbirth, or 
disabilities related to pregnancy or childbirth, the same as 
other persons who are not so affected but who are similar in 
their ability or inability to work. 
    (6) For an employer with 50 or more permanent, full-time 
employees, an employment agency or a labor organization, not to 
make reasonable accommodation to the known disability of a 
qualified disabled person or job applicant unless the employer, 
agency, or organization can demonstrate that the accommodation 
would impose an undue hardship on the business, agency, or 
organization.  "Reasonable accommodation" means steps which must 
be taken to accommodate the known physical or mental limitations 
of a qualified disabled person.  "Reasonable accommodation" may 
include but is not limited to:  (a) making facilities readily 
accessible to and usable by disabled persons; and (b) job 
restructuring, modified work schedules that do not reduce the 
total number of hours normally worked, acquisition or 
modification of equipment or devices, and the provision of aides 
on a temporary or periodic basis.  
    In determining whether an accommodation would impose an 
undue hardship on the operation of a business or organization, 
factors to be considered include:  
    (a) the overall size of the business or organization with 
respect to number of employees or members and the number and 
type of facilities;  
    (b) the type of the operation, including the composition 
and structure of the work force, and the number of employees at 
the location where the employment would occur;  
    (c) the nature and cost of the needed accommodation;  
    (d) the reasonable ability to finance the accommodation at 
each site of business; and 
    (e) documented good faith efforts to explore less 
restrictive or less expensive alternatives, including 
consultation with the disabled person or with knowledgeable 
disabled persons or organizations.  
    In the case of an accommodation for a job applicant, any 
cost in excess of $50 imposed on the prospective employer shall 
be deemed an undue hardship if no alternative costing $50 or 
less exists.  A prospective employer need not pay for an 
accommodation for a job applicant which costs $50 or less if it 
is available from an alternative source without cost to the 
employer or applicant.  
    Sec. 4.  Minnesota Statutes 1986, section 363.116, is 
amended to read:  
    363.116 [TRANSFER 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 300 days 
after the occurrence of the practice.  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 section has the 
same meaning given the term in section 363.115. 
    Approved May 14, 1987