Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 567-S.F.No. 1847 
           An act relating to human rights; amending the 
          definition of age; clarifying medical and certain 
          other information obtainable from certain prospective 
          employees; clarifying protection for pregnant 
          employees; prohibiting threats against home owners and 
          renters; prohibiting discriminatory business 
          practices; clarifying the meaning of business 
          necessity and continuing violations; extending the 
          time to file certain charges; directing the 
          alphabetizing of definitions; amending Minnesota 
          Statutes 1988, sections 363.01, subdivision 28; 
          363.03, subdivisions 2, 8a, and by adding a 
          subdivision; 363.06, subdivision 1, and by adding a 
          subdivision; and 363.116; Minnesota Statutes 1989 
          Supplement, sections 363.02, subdivision 1; and 
          363.03, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
    Section 1.  Minnesota Statutes 1988, section 363.01, 
subdivision 28, is amended to read:  
    Subd. 28.  [AGE.] "Age" insofar as it refers to any 
prohibited unfair employment or education practice shall be 
deemed to protect only those individuals The prohibition against 
unfair employment or education practices based on age prohibits 
using a person's age as a basis for a decision if the person is 
over the age of majority except for section 363.03, subdivision 
5 which shall be deemed to protect any individual over the age 
of 25 years.  
    Sec. 2.  Minnesota Statutes 1989 Supplement, 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, except that a law enforcement agency filling a peace 
officer position or part-time peace officer position may require 
or request an applicant to undergo psychological evaluation 
before a job offer is made provided that the psychological 
evaluation is for those job-related abilities set forth by the 
board of peace officer standards and training for psychological 
evaluations and is otherwise lawful; 
    (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, after employment has 
commenced, to obtain additional medical information for the 
purposes of establishing an employee health record assessing 
continuing ability to perform the job or employee health 
insurance eligibility; for purposes mandated by local, state, or 
federal law; for purposes of assessing the need to reasonably 
accommodate an employee or obtaining information to determine 
eligibility for the second injury fund under chapter 176; or 
pursuant to sections 181.950 to 181.957; or other legitimate 
business reason not otherwise prohibited by law; 
    (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. 3.  Minnesota Statutes 1989 Supplement, 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 or request the person to furnish information 
that pertains to race, color, creed, religion, national origin, 
sex, marital status, status with regard to public assistance, 
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 or 
examination.  A law enforcement agency may, after notifying an 
applicant for a peace officer or part-time peace officer 
position that the law enforcement agency is commencing the 
background investigation on the applicant, request the 
applicant's date of birth, gender, and race on a separate form 
for the sole and exclusive purpose of conducting a criminal 
history check, a driver's license check, and fingerprint 
criminal history inquiry.  The form shall include a statement 
indicating why the data is being collected and what its limited 
use will be.  No document which has date of birth, gender, or 
race information will be included in the information given to or 
available to any person who is involved in selecting the person 
or persons employed other than the background investigator.  No 
person may act both as background investigator and be involved 
in the selection of an employee except that the background 
investigator's report about background may be used in that 
selection as long as no direct or indirect references are made 
to the applicant's race, age, or gender; 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, including a duty to make 
reasonable accommodations as provided by paragraph (6).  
    (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, 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. 4.  Minnesota Statutes 1988, section 363.03, 
subdivision 2, is amended to read:  
    Subd. 2.  [REAL PROPERTY.] It is an unfair discriminatory 
practice:  
    (1) For an owner, lessee, sublessee, assignee, or managing 
agent of, or other person having the right to sell, rent or 
lease any real property, or any agent of any of these:  
    (a) to refuse to sell, rent, or lease or otherwise deny to 
or withhold from any person or group of persons any real 
property because of race, color, creed, religion, national 
origin, sex, marital status, status with regard to public 
assistance, disability, or familial status; or 
    (b) to discriminate against any person or group of persons 
because of race, color, creed, religion, national origin, sex, 
marital status, status with regard to public assistance, 
disability, or familial status in the terms, conditions or 
privileges of the sale, rental or lease of any real property or 
in the furnishing of facilities or services in connection 
therewith, except that nothing in this clause shall be construed 
to prohibit the adoption of reasonable rules intended to protect 
the safety of minors in their use of the real property or any 
facilities or services furnished in connection therewith; or 
    (c) in any transaction involving real property, to print, 
circulate or post or cause to be printed, circulated, or posted 
any advertisement or sign, or use any form of application for 
the purchase, rental or lease of real property, or make any 
record or inquiry in connection with the prospective purchase, 
rental, or lease of real property which expresses, directly or 
indirectly, any limitation, specification, or discrimination as 
to race, color, creed, religion, national origin, sex, marital 
status, status with regard to public assistance, disability, or 
familial status, or any intent to make any such limitation, 
specification, or discrimination except that nothing in this 
clause shall be construed to prohibit the advertisement of a 
dwelling unit as available to adults-only if the person placing 
the advertisement reasonably believes that the provisions of 
this subdivision prohibiting discrimination because of familial 
status do not apply to the dwelling unit.  
    (2) For a real estate broker, real estate salesperson, or 
employee, or agent thereof:  
    (a) to refuse to sell, rent, or lease or to offer for sale, 
rental, or lease any real property to any person or group of 
persons or to negotiate for the sale, rental, or lease of any 
real property to any person or group of persons because of race, 
color, creed, religion, national origin, sex, marital status, 
status with regard to public assistance, disability, or familial 
status or represent that real property is not available for 
inspection, sale, rental, or lease when in fact it is so 
available, or otherwise deny or withhold any real property or 
any facilities of real property to or from any person or group 
of persons because of race, color, creed, religion, national 
origin, sex, marital status, status with regard to public 
assistance, disability, or familial status; or 
    (b) to discriminate against any person because of race, 
color, creed, religion, national origin, sex, marital status, 
status with regard to public assistance, disability, or familial 
status in the terms, conditions or privileges of the sale, 
rental or lease of real property or in the furnishing of 
facilities or services in connection therewith; or 
    (c) to print, circulate, or post or cause to be printed, 
circulated, or posted any advertisement or sign, or use any form 
of application for the purchase, rental, or lease of any real 
property or make any record or inquiry in connection with the 
prospective purchase, rental or lease of any real property, 
which expresses directly or indirectly, any limitation, 
specification or discrimination as to race, color, creed, 
religion, national origin, sex, marital status, status with 
regard to public assistance, disability, or familial status or 
any intent to make any such limitation, specification, or 
discrimination except that nothing in this clause shall be 
construed to prohibit the advertisement of a dwelling unit as 
available to adults-only if the person placing the advertisement 
reasonably believes that the provisions of this subdivision 
prohibiting discrimination because of familial status do not 
apply to the dwelling unit.  
    (3) For a person, bank, banking organization, mortgage 
company, insurance company, or other financial institution or 
lender to whom application is made for financial assistance for 
the purchase, lease, acquisition, construction, rehabilitation, 
repair or maintenance of any real property or any agent or 
employee thereof:  
    (a) to discriminate against any person or group of persons 
because of race, color, creed, religion, national origin, sex, 
marital status, status with regard to public assistance, 
disability, or familial status of the person or group of persons 
or of the prospective occupants or tenants of the real property 
in the granting, withholding, extending, modifying or renewing, 
or in the rates, terms, conditions, or privileges of the 
financial assistance or in the extension of services in 
connection therewith; or 
    (b) to use any form of application for the financial 
assistance or make any record or inquiry in connection with 
applications for the financial assistance which expresses, 
directly or indirectly, any limitation, specification, or 
discrimination as to race, color, creed, religion, national 
origin, sex, marital status, status with regard to public 
assistance, disability, or familial status or any intent to make 
any such limitation, specification, or discrimination; or 
    (c) to discriminate against any person or group of persons 
who desire to purchase, lease, acquire, construct, rehabilitate, 
repair, or maintain real property in a specific urban or rural 
area or any part thereof solely because of the social, economic, 
or environmental conditions of the area in the granting, 
withholding, extending, modifying, or renewing, or in the rates, 
terms, conditions, or privileges of the financial assistance or 
in the extension of services in connection therewith.  
    (4) For any real estate broker or real estate salesperson, 
for the purpose of inducing a real property transaction from 
which the person, the person's firm, or any of its members may 
benefit financially, to represent that a change has occurred or 
will or may occur in the composition with respect to race, 
creed, color, national origin, sex, marital status, status with 
regard to public assistance, or disability of the owners or 
occupants in the block, neighborhood, or area in which the real 
property is located, and to represent, directly or indirectly, 
that this change will or may result in undesirable consequences 
in the block, neighborhood, or area in which the real property 
is located, including but not limited to the lowering of 
property values, an increase in criminal or antisocial behavior, 
or a decline in the quality of schools or other public 
facilities.  
    (5) For a person to deny a totally or partially blind, 
physically handicapped, or deaf person with a service dog full 
and equal access to real property provided for in this section.  
The person may not be required to pay extra compensation for the 
service dog but is liable for damage done to the premises by the 
service dog.  
    (6) For a person to coerce, intimidate, threaten, or 
interfere with a person in the exercise or enjoyment of, or on 
account of that person having exercised or enjoyed, or on 
account of that person having aided or encouraged a third person 
in the exercise or enjoyment of, any right granted or protected 
by this subdivision.  
    Notwithstanding the provisions of any law, ordinance, or 
home rule charter to the contrary, no person shall be deemed to 
have committed an unfair discriminatory practice based upon age 
if the unfair discriminatory practice alleged is attempted or 
accomplished for the purpose of obtaining or maintaining one of 
the exemptions provided for a dwelling unit provided for in 
section 363.02, subdivision 2.  
    Sec. 5.  Minnesota Statutes 1988, section 363.03, 
subdivision 8a, is amended to read:  
    Subd. 8a.  [BUSINESS; SEX DISCRIMINATION.] It is an unfair 
discriminatory practice for a person engaged in a trade or 
business or in the provision of a service:  
    (a) to refuse to do business with or provide a service to a 
woman based on her use of her current or former surname.; or 
    It is an unfair discriminatory practice for a person (b) to 
impose, as a condition of doing business with or providing a 
service to a woman, that a woman use her current surname rather 
than a former surname.; or 
    (c) intentionally to refuse to do business with, to refuse 
to contract with, or to discriminate in the basic terms, 
conditions, or performance of the contract because of a person's 
race, color, sex, or disability, unless the alleged refusal or 
discrimination is because of a legitimate business purpose. 
    Nothing in this subdivision shall prohibit positive action 
plans. 
    Sec. 6.  Minnesota Statutes 1988, section 363.03, is 
amended by adding a subdivision to read:  
    Subd. 11.  [DISPARATE IMPACT CASES.] If the complaining 
party has met its burden of showing that an employment practice 
is responsible for a statistically significant adverse impact on 
a particular class of persons protected by section 363.03, 
subdivision 1, clause (2), an employer must justify that 
practice by demonstrating that the practice is manifestly 
related to the job or significantly furthers an important 
business purpose.  Upon establishment of this justification, the 
charging party may prevail upon demonstration of the existence 
of a comparably effective practice that the court finds would 
cause a significantly lesser adverse impact on the identified 
protected class. 
    Sec. 7.  Minnesota Statutes 1988, section 363.06, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ACTIONS.] Any person aggrieved by a 
violation of this chapter may bring a civil action as provided 
in section 363.14, subdivision 1, clause (a), or may file a 
verified charge with the commissioner or the commissioner's 
designated agent.  A charge filed with the commissioner must be 
in writing on a form provided by the commissioner and signed by 
the charging party.  The charge must state the name of the 
person alleged to have committed an unfair discriminatory 
practice and set out a summary of the details of the practice 
complained of.  The commissioner may require a charging party to 
provide the address of the person alleged to have committed the 
unfair discriminatory practice, names of witnesses, documents, 
and any other information necessary to process the charge.  The 
commissioner may dismiss a charge when the charging party fails 
to provide required information.  The commissioner within ten 
days of the filing shall serve a copy of the charge and a form 
for use in responding to the charge upon the respondent 
personally or by mail.  The respondent shall file with the 
department a written response setting out a summary of the 
details of the respondent's position relative to the charge 
within 20 days of receipt of the charge.  If the respondent 
fails to respond with a written summary of the details of the 
respondent's position within 30 days after service of the 
charge, and service was consistent with rule 4 of the rules of 
civil procedure, the commissioner, on behalf of the complaining 
party, may bring an action for default in district court 
pursuant to rule 55.01 of the rules of civil procedure.  
    Sec. 8.  Minnesota Statutes 1988, section 363.06, is 
amended by adding a subdivision to read:  
    Subd. 3a.  For purposes of subdivision 3, the first 
application of an unfair discriminatory practice, employment 
policy, or seniority system to a new person establishes a basis 
for the filing of a claim by that person.  
    Sec. 9.  Minnesota Statutes 1988, 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 one 
year 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.  
    Sec. 10.  [INSTRUCTION TO REVISOR.] 
    In the next edition of Minnesota Statutes, the revisor of 
statutes shall alphabetize the definitions in Minnesota 
Statutes, section 363.01, and make all appropriate 
cross-reference changes in Minnesota Statutes and Minnesota 
Rules. 
    Presented to the governor April 26, 1990 
    Signed by the governor May 3, 1990, 5:33 p.m.