Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                         CHAPTER 23-H.F.No. 369 
           An act relating to human rights; changing certain 
          requirements related to disabled persons; amending 
          Minnesota Statutes 1986, sections 363.01, subdivision 
          25; 363.02, subdivision 3; and 363.03, subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 363.01, 
subdivision 25, is amended to read:  
    Subd. 25.  [DISABILITY.] "Disability" means any condition 
or characteristic that renders a person a disabled person.  A 
disabled person is any person who (1) has a physical, sensory, 
or mental impairment which substantially limits one or more 
major life activities; (2) has a record of such an impairment; 
or (3) is regarded as having such an impairment. 
    Sec. 2.  Minnesota Statutes 1986, section 363.02, 
subdivision 3, is amended to read:  
    Subd. 3.  [EDUCATION.] (a) It is not an unfair 
discriminatory practice for a religious or denominational 
institution to limit admission or give preference to applicants 
of the same religion.  The provisions of section 363.03, 
subdivision 5, relating to sex, shall not apply to a private 
educational institution, or branch or level of a private 
educational institution, in which students of only one sex are 
permitted to enroll.  Nothing in this chapter shall be construed 
to require any educational institution to provide any special 
service to any person because of the disability of such person 
or to modify in any manner its buildings, grounds, facilities, 
or admission procedures because of the disability of any such 
person.  Nothing in this chapter shall prohibit an educational 
institution from discriminating on the basis of using academic 
qualifications or achievements as criteria for admission or 
requiring from applicants information which relates to academic 
qualifications or achievements. 
    (b) Notwithstanding any other provisions of this chapter or 
any law to the contrary, it is not an unfair discriminatory 
practice for an educational institution or a public service to 
operate or sponsor separate athletic teams and activities for 
members of each sex or to restrict membership on an athletic 
team to participants of one sex, if this separation or 
restriction meets the requirements of section 126.21.  
    (c) The department of human rights shall investigate all 
charges alleging sex discrimination in athletic programs in 
educational institutions and public services pursuant to the 
standards and requirements of section 126.21 and the procedures 
enumerated in this chapter. 
    (d) Nothing in this chapter restricts or limits the rights, 
procedures, and remedies available under section 504 of the 
Rehabilitation Act of 1973, United States Code, title 29, 
section 794, or the Education of the Handicapped Act, United 
States Code, title 20, sections 1401 and following. 
    Sec. 3.  Minnesota Statutes 1986, section 363.03, 
subdivision 5, is amended to read:  
    Subd. 5.  [EDUCATIONAL INSTITUTION.] It is an unfair 
discriminatory practice: 
    (1) To discriminate in any manner in the full utilization 
of or benefit from any educational institution, or the services 
rendered thereby to any person because of race, color, creed, 
religion, national origin, sex, age, marital status, status with 
regard to public assistance or disability, or to fail to ensure 
physical and program access for disabled persons.  For purposes 
of this paragraph, program access includes but is not limited to 
providing taped texts, interpreters or other methods of making 
orally delivered materials available, readers in libraries, 
adapted classroom equipment, and similar auxiliary aids or 
services.  Program access does not include providing attendants, 
individually prescribed devices, readers for personal use or 
study, or other devices or services of a personal nature. 
    (2) To exclude, expel, or otherwise discriminate against a 
person seeking admission as a student, or a person enrolled as a 
student because of race, color, creed, religion, national 
origin, sex, age, marital status, status with regard to public 
assistance or disability. 
    (3) To make or use a written or oral inquiry, or form of 
application for admission that elicits or attempts to elicit 
information, or to make or keep a record, concerning the race, 
color, creed, religion, national origin, sex, age, marital 
status or disability of a person seeking admission, except as 
permitted by rules of the department. 
    Approved April 9, 1987