Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 280-H.F.No. 950 
           An act relating to human rights; adopting federal fair 
          housing amendments; clarifying the definition of 
          disability; modifying the definition of familial 
          status; limiting certain exceptions for age 
          discrimination; modifying requirements dealing with 
          reasonable accommodations in employment and requiring 
          reasonable accommodations by public accommodations 
          under certain circumstances; expanding the prohibition 
          of credit discrimination; prohibiting discrimination 
          in certain services because of social or economic 
          conditions in an area; requiring disclosure of medical 
          information that adversely affects an employment 
          decision; limiting age-related questions in employment 
          applications; clarifying who is an aggrieved party for 
          certain violations; clarifying burden on the employer 
          to show a person's impairment is disqualifying; 
          providing for service of subpoenas personally or by 
          mail; striking the requirement that a person's 
          employees must be within Minnesota for purposes of 
          affirmative action; clarifying the time period allowed 
          for filing a private lawsuit; modifying notice 
          requirements in certain human rights appeals; amending 
          Minnesota Statutes 1988, sections 363.01, subdivisions 
          25, 25a, and 31; 363.02, subdivisions 1, 2, 2a, 2b, 
          and 6; 363.03, subdivisions 1, 3, 7, 8, and by adding 
          subdivisions; 363.05, subdivision 2; 363.073, 
          subdivision 1; 363.117; 363.123; 363.14, subdivision 
          1; and 363.15; repealing Minnesota Statutes 1988, 
          section 363.01, subdivisions 30 and 32. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, 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 materially 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 1988, section 363.01, 
subdivision 25a, is amended to read: 
    Subd. 25a.  [QUALIFIED DISABLED PERSON.] "Qualified 
disabled person" means:  
    (1) with respect to employment, a disabled person who, with 
reasonable accommodation, can perform the essential functions 
required of all applicants for the job in question; and 
    (2) with respect to services and programs, a disabled 
person who, with physical and program access, meets the 
essential eligibility criteria required of all applicants for 
the program or service in question.  
    For the purposes of this subdivision, "disability" excludes 
any condition resulting from alcohol or drug abuse which 
prevents a person from performing the essential functions of the 
job in question or constitutes a direct threat to property or 
the safety of others.  
    If a respondent contends that the person is not a qualified 
disabled person, the burden is on the respondent to prove that 
it was reasonable to conclude the disabled person, with 
reasonable accommodation, could not have met the requirements of 
the job or that the selected person was demonstrably better able 
to perform the job. 
    Sec. 3.  Minnesota Statutes 1988, section 363.01, 
subdivision 31, is amended to read: 
    Subd. 31.  [FAMILIAL STATUS.] "Familial status" means the 
condition of one or more minors being domiciled with (a) their 
parent or parents or the minor's legal guardian or (b) the 
designee of the parent or parents or guardian with the written 
permission of the parent or parents or guardian.  The 
protections afforded against discrimination on the basis of 
family status apply to any person who is pregnant or is in the 
process of securing legal custody of an individual who has not 
attained the age of majority.  
    Sec. 4.  Minnesota Statutes 1988, 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 this chapter; 
      (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. 
    (8) 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 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 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. 5.  Minnesota Statutes 1988, section 363.02, 
subdivision 2, is amended to read: 
    Subd. 2.  [HOUSING.] (1) The provisions of section 363.03, 
subdivision 2, shall not apply to: 
    (a) rooms in a temporary or permanent residence home run by 
a nonprofit organization, if the discrimination is by sex; or 
    (b) the rental by a resident owner or occupier of a 
one-family accommodation of a room or rooms in the accommodation 
to another person or persons if the discrimination is by sex, 
marital status, status with regard to public assistance or 
disability.  Nothing in this chapter shall be construed to 
require any Except as provided elsewhere in this chapter or 
other state or federal law, no person or group of persons 
selling, renting, or leasing property is required to modify the 
property in any way, or exercise a higher degree of care for a 
person having a disability than for a person who does not have a 
disability; nor shall this chapter be construed to relieve any 
person or persons of any obligations generally imposed on all 
persons regardless of any disability in a written lease, rental 
agreement, or contract of purchase or sale, or to forbid 
distinctions based on the inability to fulfill the terms and 
conditions, including financial obligations of the lease, 
agreement or contract. 
    (2) The provisions of section 363.03, subdivision 2, 
prohibiting discrimination because of familial status shall not 
be construed to defeat the applicability of any local, state or 
federal restrictions regarding the maximum number of occupants 
permitted to occupy a dwelling unit and shall not apply to: 
    (a) any unoccupied dwelling unit in one building of a 
housing complex consisting of two buildings or, in a housing 
complex consisting of three or more buildings, any unoccupied 
dwelling unit in up to one-third of all buildings in the housing 
complex.  For the purposes of this clause, "housing complex" 
means a group of buildings each containing five or more units on 
a contiguous parcel of land owned by the same person; a building 
shall not be exempt from section 363.03, subdivision 2, pursuant 
to this clause unless the owner has filed an election to 
designate the building as exempt with the commissioner; an 
election made by an owner pursuant to this clause may not be 
withdrawn for purposes of designating another building in the 
housing complex as exempt for a period of one year from the 
filing of the election; or 
    (b) any unit in a condominium created prior to April 12, 
1980, any unit in a condominium, other than a condominium 
converted from a residential building, created on or after April 
12, 1980, and any unit in an adults-only condominium created 
from an existing adults-only rental building on or after April 
12, 1980; or 
    (c) an unoccupied dwelling unit in any building in which at 
least a majority of the dwelling units are occupied by elderly 
persons or are unoccupied and available for occupancy solely by 
households of which at least one member is an elderly person; or 
    (d) any owner occupied building containing four or fewer 
dwelling units; or 
    (e) an unoccupied dwelling unit in any building which is 
the subject of a valid certificate filed with the commissioner 
pursuant to the provisions of this clause.  To be valid, a 
certificate must be on a form provided by the commissioner, be 
received by the commissioner, state that on the date that the 
certificate is received by the commissioner at least a majority 
of the dwelling units in the building are occupied by elderly 
persons or are unoccupied and available for occupancy solely by 
households of which at least one member is an elderly person, 
state that on the date that the certificate is received by the 
commissioner there is on file with the owner of the building or 
a specified duly authorized agent of the owner for each occupied 
unit relied upon in support of the certificate a signed 
statement by an elderly person occupying the unit on the date 
that the certificate is received by the commissioner that the 
person is an elderly person, state that for a period of 180 days 
following the receipt of the certificate by the commissioner the 
owner or duly authorized agent will preserve the signed 
statements of the elderly persons and will, upon request, make 
the statements available for inspection by the commissioner or 
by any local commission having jurisdiction over the building, 
be signed by the owner or the duly authorized agent, and be in 
all respects true and accurate.  A valid certificate shall 
remain valid for a period of 180 days following the date on 
which it is received by the commissioner.  Any owner or 
authorized agent who files a certificate containing statements 
or information that the owner or authorized agent knows or 
should reasonably know to be false shall be guilty of a 
misdemeanor; 
    (f) any unoccupied dwelling unit of up to one-third of the 
units in a building that is not part of a multibuilding complex; 
or 
    (g) any dwelling unit in a building owned by a cooperative 
apartment corporation, other than a building converted from a 
residential rental building to a cooperative apartment 
corporation building on or after April 12, 1980, unless that 
conversion was from an existing adults-only residential rental 
building. 
    (b) housing for elderly persons.  "Housing for elderly 
persons" means housing:  
    (i) provided under any state or federal program that the 
commissioner determines is specifically designed and operated to 
assist elderly persons, as defined in the state or federal 
program; 
    (ii) intended for, and solely occupied by, persons 62 years 
of age or older; or 
    (iii) intended and operated for occupancy by at least one 
person 55 years of age or older per unit, provided that:  
    (A) there are significant facilities and services 
specifically designed to meet the physical or social needs of 
older persons, or if the provision of these facilities and 
services is not practicable, that the housing is necessary to 
provide important housing opportunities for older persons; 
    (B) at least 80 percent of the units are occupied by at 
least one person 55 years of age or older per unit; and 
    (C) there is publication of, and adherence to, policies and 
procedures that demonstrate an intent by the owner or manager to 
provide housing for persons 55 years of age or older. 
    Housing does not fail to meet the requirements for housing 
for elderly persons by reason of persons residing in the housing 
as of the effective date of this act who do not meet the age 
requirements of clauses (b)(ii) and (b)(iii) if new occupants of 
the housing meet the age requirements of clause (b)(ii) or 
(b)(iii).  In addition, housing does not fail to meet the 
requirements by reason of unoccupied units if unoccupied units 
are reserved for occupancy by persons who meet the age 
requirements of clause (b)(ii) or (b)(iii).  
    Sec. 6.  Minnesota Statutes 1988, section 363.02, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [MANUFACTURED HOME PARKS.] The provisions of 
subdivision 2, prohibiting discrimination because of familial 
status:  
    (1) do not apply to a manufactured home park the majority 
of whose lots are reserved by park rule to households containing 
at least one elderly person; and 
    (2) do not apply to a section or sections of a manufactured 
home park which are identified by park rule and do not comprise 
more than one-third of the lots in the park.  In order to 
qualify for exemption under this subdivision, A park owner must 
comply with section 327C.02, subdivision 2, 327C.05, or 327C.07, 
subdivision 4, when adopting or amending a rule concerning the 
permitted familial status of residents or of buyers of homes 
offered for in park sale.  
    Sec. 7.  Minnesota Statutes 1988, section 363.02, 
subdivision 2b, is amended to read: 
    Subd. 2b.  [EVICTION DUE TO FAMILIAL STATUS.] The 
provisions of section 363.03, subdivision 2, prohibiting 
discrimination because of familial status, do not apply to 
eviction from, or denial of continuing tenancy in, dwelling 
units exempt through certification under this section, provided 
that (1) one year has elapsed from the commencement of the 
familial status and (2) six months prior written notice has been 
given to the tenant, unless the eviction or denial of continuing 
tenancy is for nonpayment of rent, damage to the premises, 
disturbance of other tenants, or other breach of the lease. 
    Sec. 8.  Minnesota Statutes 1988, section 363.02, 
subdivision 6, is amended to read: 
    Subd. 6.  [AGE.] By law or published retirement policy, a 
mandatory retirement age may be established without being a 
violation of this chapter if it is established consistent with 
section 181.81.  Nothing in this chapter nor in section 181.81 
shall prohibit employee pension and retirement plans from 
granting pension credit to employees over the age of 65 at a 
lesser rate than is granted to other employees, provided that in 
no event may an employee's accumulated pension credits be 
reduced by continued employment, and further provided that no 
other state or federal law is violated by the reduced rate of 
pension credit accrual.  Nothing in this chapter shall be 
construed to prohibit the establishment of differential 
privileges, benefits, services or facilities for persons of 
designated ages if (a) such differential treatment is provided 
pursuant to statute, or (b) the designated age is greater than 
59 years or less than 21 years.  Clause (b) does not apply to 
hiring, tenure, compensation, upgrading, or conditions of 
employment. 
    Sec. 9.  Minnesota Statutes 1988, 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, 
or age; or, subject to section 363.02, subdivision 1, to require 
or request a person to undergo physical examination; unless, for 
the sole and exclusive 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 sole and exclusive purpose of 
compliance with the public contracts act or any rule, 
regulation, or laws of the United States or of this state 
requiring the 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 examination; or 
    (b) seek and obtain for purposes of making a job decision, 
information from any source that pertains to the person's race, 
color, creed, religion, national origin, sex, marital status, 
status with regard to public assistance, disability, or age, 
unless for the sole and exclusive purpose of compliance with the 
public contracts act or any rule, regulation, or laws of the 
United States or of this state requiring the information; or 
    (c) 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. 
    Any individual who is required to provide information that 
is prohibited by this subdivision is an aggrieved party under 
section 363.06.  
    (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, nor does it necessarily require:  
(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.  
    A prospective employer need not pay for an accommodation 
for a job applicant if it is available from an alternative 
source without cost to the employer or applicant.  
    Sec. 10.  Minnesota Statutes 1988, section 363.03, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [DISCLOSURE OF MEDICAL INFORMATION.] If any 
health care records or medical information adversely affects any 
hiring, firing, or promotional decision concerning an applicant 
or employee, the employer must notify the affected party of that 
information within ten days of the final decision. 
    Sec. 11.  Minnesota Statutes 1988, section 363.03, is 
amended by adding a subdivision to read:  
    Subd. 2a.  [REAL PROPERTY; DISABILITY DISCRIMINATION.] (a) 
For purposes of subdivision 2, discrimination includes:  
    (1) a refusal to permit, at the expense of the disabled 
person, reasonable modifications of existing premises occupied 
or to be occupied by the disabled person if modifications may be 
necessary to afford the disabled person full enjoyment of the 
premises; a landlord may, where it is reasonable to do so, 
condition permission for a modification on the renter agreeing 
to restore the interior of the premises to the condition that 
existed before the modification, excluding reasonable wear and 
tear; 
    (2) a refusal to make reasonable accommodations in rules, 
policies, practices, or services, when accommodations may be 
necessary to afford a disabled person equal opportunity to use 
and enjoy a dwelling; or 
    (3) in connection with the design and construction of 
covered multifamily dwellings for first occupancy after March 
13, 1991, a failure to design and construct those dwellings in a 
manner that:  
    (i) the public use and common use portions are readily 
accessible to and usable by a disabled person; 
    (ii) all the doors designed to allow passage into and 
within all premises are sufficiently wide to allow passage by 
disabled persons in wheelchairs; and 
    (iii) all premises contain the following features of 
adaptive design:  an accessible route into and through the 
dwelling; light switches, electrical outlets, thermostats, and 
other environmental controls in accessible locations; 
reinforcements in bathroom walls to allow later installation of 
grab bars; and usable kitchens and bathrooms so that an 
individual in a wheelchair can maneuver about the space. 
    (b) As used in this subdivision, the term "covered 
multifamily dwellings" means:  
    (1) a building consisting of four or more units if the 
building has one or more elevators; and 
    (2) ground floor units in other buildings consisting of 
four or more units.  
    (c) This subdivision does not invalidate or limit any law 
of the state or political subdivision of the state, or other 
jurisdiction in which this subdivision applies, that requires 
dwellings to be designed and constructed in a manner that 
affords disabled persons greater access than is required by this 
subdivision.  
    (d) This subdivision does not require that a dwelling be 
made available to an individual whose tenancy would constitute a 
direct threat to the health or safety of other individuals or 
whose tenancy would result in substantial physical damage to the 
property of others. 
    Sec. 12.  Minnesota Statutes 1988, section 363.03, 
subdivision 3, is amended to read: 
    Subd. 3.  [PUBLIC ACCOMMODATIONS.] It is an unfair 
discriminatory practice: 
    (1) To deny any person the full and equal enjoyment of the 
goods, services, facilities, privileges, advantages, and 
accommodations of a place of public accommodation because of 
race, color, creed, religion, disability, national origin or 
sex.  It is an unfair discriminatory practice for a taxicab 
company to discriminate in the access to, full utilization of or 
benefit from service because of a person's disability.  Nothing 
in this subdivision requires any person to exercise a higher 
degree of care for a person having a disability or to modify 
property in any way except as required by the accessibility 
provisions of the state building code.  
    (2) For a place of public accommodation not to make 
reasonable accommodation to the known physical disability of a 
disabled person.  In determining whether an accommodation is 
reasonable, the factors to be considered may include: 
    (a) the frequency and predictability with which members of 
the public will be served by the accommodation at that location; 
     (b) the size of the business or organization at that 
location with respect to physical size, annual gross revenues, 
and the number of employees; 
    (c) the extent to which disabled persons will be further 
served from the accommodation; 
    (d) the type of operation; 
    (e) the nature and amount of both direct costs and 
legitimate indirect costs of making the accommodation and the 
reasonableness for that location to finance the accommodation; 
    (f) the extent to which any persons may be adversely 
affected by the accommodation. 
    State or local building codes control where applicable.  
Violations of state or local building codes are not violations 
of this chapter and must be enforced under normal building code 
procedures.  Nothing in this subdivision requires structural 
changes to real property except as required by state or local 
building codes. 
    This subdivision does not create a different standard of 
care.  It applies only to unfair discriminatory practice cases 
brought under this statute and to no other causes of action. 
    Sec. 13.  Minnesota Statutes 1988, section 363.03, 
subdivision 7, is amended to read: 
    Subd. 7.  [REPRISALS.] It is an unfair discriminatory 
practice for any employer, labor organization, employment 
agency, public accommodation, public service, educational 
institution, or owner, lessor, lessee, sublessee, assignee or 
managing agent of any real property, or any real estate broker, 
real estate salesperson or employee or agent thereof to 
intentionally engage in any reprisal against any person because 
that person: 
    (1) Opposed a practice forbidden under this chapter or has 
filed a charge, testified, assisted, or participated in any 
matter manner in an investigation, proceeding or hearing under 
this chapter; or 
    (2) Associated with a person or group of persons who are 
disabled or who are of different race, color, creed, religion, 
or national origin.  
    A reprisal includes, but is not limited to, any form of 
intimidation, retaliation, or harassment.  It is a reprisal for 
an employer to do any of the following with respect to an 
individual because that individual has engaged in the activities 
listed in clause (1) or (2):  refuse to hire the individual; 
depart from any customary employment practice; transfer or 
assign the individual to a lesser position in terms of wages, 
hours, job classification, job security, or other employment 
status; or inform another employer that the individual has 
engaged in the activities listed in clause (1) or (2).  
    Sec. 14.  Minnesota Statutes 1988, section 363.03, 
subdivision 8, is amended to read: 
    Subd. 8.  [CREDIT; SEX DISCRIMINATION.] It is an unfair 
discriminatory practice:  
    (1) to discriminate in the extension of personal or 
commercial credit to a person, or in the requirements for 
obtaining credit, because of race, color, creed, religion, 
disability, national origin, sex or marital status; or 
    (2) for a credit card issuer to refuse to issue a credit 
card to a woman under her current or former surname unless there 
is an intent to defraud or mislead, except that a credit card 
issuer may require that a woman requesting a card under a former 
surname open a separate account in that name.  A credit card 
issuer may also require disclosure of any other names under 
which the credit card applicant may have a credit history. 
    Sec. 15.  Minnesota Statutes 1988, section 363.05, 
subdivision 2, is amended to read: 
    Subd. 2.  [SERVICE, ENFORCEMENT, AND EFFECT OF SUBPOENA.] 
(a) Disobedience of a subpoena issued by the commissioner 
pursuant to subdivision 1 shall be punishable in like manner as 
a contempt of the district court in proceedings instituted upon 
application of the commissioner made to the district court of 
the county where the alleged unfair discriminatory practice in 
connection with a charge made by a charging party or a complaint 
filed by the commissioner has occurred or where the respondent 
resides or has a principal place of business. 
    (b) It is not a violation of rights conferred by chapter 13 
or any other statute related to the confidentiality of 
government data for an a state agency, statewide system, or 
political subdivision, as defined in section 13.02, subdivision 
11, to provide data or information under a subpoena issued by 
the commissioner under this section. 
    (c) A subpoena issued under subdivision 1 must be served 
personally or by mailing a copy of the subpoena, by first class 
mail, postage prepaid, to the person to be served.  The subpoena 
must include two copies of a notice and acknowledgment of 
service on a form to be provided by the commissioner, and a 
return envelope, postage prepaid, addressed to the sender.  If 
acknowledgment of service is not received by the commissioner 
within 20 days, service is not effective.  Unless good cause is 
shown for not doing so, a court or administrative law judge 
shall order the payment of the costs of personal service by the 
person served if the person does not complete and return the 
notice and acknowledgment of receipt of the subpoena within the 
time allowed. 
    Sec. 16.  Minnesota Statutes 1988, section 363.073, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SCOPE OF APPLICATION.] No department or 
agency of the state shall receive, enter into, or accept any bid 
or proposal for a contract nor execute any contract for goods, 
services, or the performance of any function, or any agreement 
to transfer funds for any reason in excess of $50,000 with any 
person having more than 20 full-time employees in Minnesota at 
any time during the previous 12 months, unless the person has an 
affirmative action plan for the employment of minority persons, 
women, and the disabled that has been approved by the 
commissioner of human rights.  Receipt of a certificate of 
compliance issued by the commissioner shall signify that a 
person has an affirmative action plan that has been approved by 
the commissioner.  A certificate shall be valid for a period of 
two years.  
    Sec. 17.  Minnesota Statutes 1988, section 363.117, is 
amended to read: 
    363.117 [WITHDRAWAL FROM A LOCAL COMMISSION.] 
    Notwithstanding the provisions of any law or ordinance to 
the contrary, a person who has filed a charge with a local 
commission may bring a civil action as provided in section 
363.14 at the following times:  
    (a) Within 45 days after receipt of notice that the local 
commission has determined that there is no probable cause to 
credit the allegations contained in the charge; receipt of 
notice is presumed to be five days from the date of service by 
mail of the written notice; or 
    (b) After 45 days from the filing of the charge if a 
hearing has not been held or if the local commission has not 
entered into a conciliation agreement to which the charging 
party is a signator.  The charging party shall notify the local 
commission of an intention to bring a civil action, which shall 
be commenced within 90 days of giving the notice.  
    A charging party bringing a civil action shall mail by 
registered or certified mail a copy of the summons and complaint 
to the local commission and upon their receipt the local 
commission shall terminate all proceedings before the local 
commission relating to the charge.  No charge shall be filed or 
reinstituted with the local commission after a civil action 
relating to the same unfair discriminatory practice has been 
brought unless the civil action has been dismissed without 
prejudice.  
    Sec. 18.  Minnesota Statutes 1988, section 363.123, is 
amended to read: 
    363.123 [VIOLATION OF ACT.] 
    It shall be a violation of Laws 1973, this chapter 729 for 
any person furnishing credit service to discriminate against any 
person who is the recipient of federal, state or local public 
assistance, including medical assistance, or who is a tenant 
receiving federal, state or local housing subsidies, including 
rental assistance or rent supplements, solely because the 
individual is such a recipient.  
    Sec. 19.  Minnesota Statutes 1988, section 363.14, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COURT ACTIONS, SUITS BY PRIVATE PARTIES, 
INTERVENTION.] (a) The commissioner or a person may bring a 
civil action seeking redress for an unfair discriminatory 
practice directly to district court.  In addition, a person may 
bring a civil action: 
    (1) within 45 days after receipt of notice that the 
commissioner has dismissed a charge because it is frivolous or 
without merit, because the charging party has failed to provide 
required information, because the commissioner has determined 
that further use of department resources is not warranted, or 
because the commissioner has determined that there is no 
probable cause to credit the allegations contained in a charge 
filed with the commissioner; 
    (2) within 45 days after receipt of notice that the 
commissioner has reaffirmed a determination of no probable cause 
if the charging party requested a reconsideration of the no 
probable cause determination, or has decided not to reopen a 
dismissed case that the charging party has asked to be reopened; 
or 
    (3) after 45 days from the filing of a charge pursuant to 
section 363.06, subdivision 1, if a hearing has not been held 
pursuant to section 363.071 or if the commissioner has not 
entered into a conciliation agreement to which the charging 
party is a signator.  The charging party shall notify the 
commissioner of an intention to bring a civil action, which 
shall be commenced within 90 days of giving the notice. 
     For purposes of clauses (1) and (2), receipt of notice is 
presumed to be five days from the date of service by mail of the 
written notice. 
    (b) If the commissioner has issued both probable cause and 
no probable cause determinations on separate issues in the same 
charge, the charging party may, if a hearing is held, require 
that all matters be heard at the hearing or may bring a civil 
action for the no probable cause charges at the same time as the 
probable cause charges under the rules and time frames that 
govern the probable cause charges. 
    (c) A charging party bringing a civil action shall mail by 
registered or certified mail a copy of the summons and complaint 
to the commissioner, and upon their receipt the commissioner 
shall terminate all proceedings in the department relating to 
the charge.  No charge shall be filed or reinstituted with the 
commissioner after a civil action relating to the same unfair 
discriminatory practice has been brought unless the civil action 
has been dismissed without prejudice. 
    (d) Upon application by the complaining party to the 
district court at a special term and under circumstances the 
court deems just, the court may appoint an attorney for the 
person and may authorize the commencement of the action without 
payment of fees, costs, or security. 
    (e) Upon timely application, the court may permit the 
department to intervene in a civil action brought pursuant to 
this section upon certification that the case is of general 
public importance. 
    Sec. 20.  Minnesota Statutes 1988, section 363.15, is 
amended to read: 
    363.15 [NOTICE OF APPEAL TO THE COMMISSIONER.] 
    In any case that is appealed to the supreme court or the 
court of appeals in which an issue is raised under this chapter, 
the party raising the issue shall serve a copy of the notice of 
appeal on the commissioner.  The clerk of the appellate courts 
may not accept At the time of filing a notice of appeal or other 
papers, documents, or briefs from any in the case, a party in an 
action involving this chapter without shall file proof of 
service of the papers, documents, or briefs upon the 
commissioner. 
    Sec. 21.  [INSTRUCTION TO REVISOR.] 
    In the next edition of Minnesota Statutes the revisor of 
statutes shall renumber Minnesota Statutes, section 363.123, as 
section 363.03, subdivision 8b. 
    Sec. 22.  [REPEALER.] 
    Minnesota Statutes 1988, section 363.01, subdivisions 30 
and 32, are repealed. 
    Presented to the governor May 23, 1989 
    Signed by the governor May 25, 1989, 6:28 p.m.