Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 527-H.F.No. 2750 
           An act relating to human rights; defining certain 
          terms; clarifying certain discriminatory practices; 
          amending Minnesota Statutes 1990, sections 363.01, 
          subdivision 35, and by adding subdivisions; 363.02, 
          subdivision 1; 363.03, subdivisions 1, 2, 3, 4, and 10.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 363.01, is 
amended by adding a subdivision to read: 
    Subd. 11a.  [DEMAND RESPONSIVE SYSTEM.] "Demand responsive 
system" means a system of providing public transportation that 
is not a fixed route system. 
    Sec. 2.  Minnesota Statutes 1990, section 363.01, is 
amended by adding a subdivision to read: 
    Subd. 19a.  [FIXED ROUTE SYSTEM.] "Fixed route system" 
means a system of providing public transportation on which a 
vehicle is operated along a prescribed route according to a 
fixed schedule. 
    Sec. 3.  Minnesota Statutes 1990, section 363.01, is 
amended by adding a subdivision to read: 
    Subd. 20a.  [HISTORIC OR ANTIQUATED RAIL PASSENGER 
CAR.] "Historic or antiquated rail passenger car" means a rail 
passenger car: 
    (1) that is at least 30 years old at the time of its use 
for transporting individuals; 
    (2) the manufacturer of which is no longer in the business 
of manufacturing rail passenger cars; or 
    (3) that has consequential association with events or 
persons significant to the past or embodies, or is being 
restored to embody, the distinctive characteristics of a type of 
rail passenger car used in the past or to represent a time 
period that has passed. 
    Sec. 4.  Minnesota Statutes 1990, section 363.01, is 
amended by adding a subdivision to read: 
    Subd. 26a.  [OPERATES.] "Operates," when used with respect 
to a demand responsive or fixed route system, includes the 
operation of the system by a person under a contractual or other 
arrangement or relationship with a public or private entity. 
    Sec. 5.  Minnesota Statutes 1990, section 363.01, is 
amended by adding a subdivision to read: 
     Subd. 30a.  [PRIVATE ENTITY.] "Private entity" means an 
entity other than a public entity. 
    Sec. 6.  Minnesota Statutes 1990, section 363.01, 
subdivision 35, is amended to read: 
    Subd. 35.  [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 public services and programs, 
a disabled person with a disability who, with physical and 
program access or without reasonable modifications to rules, 
policies, or practices, removal of architectural, 
communications, or transportation barriers, or the provision of 
auxiliary aids and services, meets the essential 
eligibility criteria required of all applicants for the program 
or service in question requirements for receipt of services and 
for participation in programs and activities provided by the 
public entity.  
    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. 7.  Minnesota Statutes 1990, section 363.01, is 
amended by adding a subdivision to read: 
     Subd. 35a.  [RAIL PASSENGER CAR.] "Rail passenger car" 
means, with respect to intercity or commuter rail 
transportation, single- and bi-level coach cars, dining cars, 
sleeping cars, lounge cars, restroom cars, and food service cars.
    Sec. 8.  Minnesota Statutes 1990, section 363.01, is 
amended by adding a subdivision to read: 
     Subd. 41a.  [SPECIFIED PUBLIC TRANSPORTATION.] "Specified 
public transportation" means transportation by bus, rail, or any 
other conveyance other than aircraft that provides the general 
public with general or special service, including charter 
service, on a regular and continuing basis. 
    Sec. 9.  Minnesota Statutes 1990, section 363.01, is 
amended by adding a subdivision to read: 
    Subd.  41b.  [STATION.] "Station" means property located 
next to a right-of-way on which intercity and commuter 
transportation is operated, which is used by the general public 
and is related to the provision of the transportation, including 
passenger platforms, designated waiting areas, ticketing areas, 
restrooms, drinking fountains, public telephones, and, if a 
public entity providing rail transportation owns the property, 
concessions areas to the extent that the public entity exercises 
control over the selection, design, construction, or alteration 
of the property.  Station does not include flag stops. 
     Sec. 10.  Minnesota Statutes 1990, section 363.01, is 
amended by adding a subdivision to read: 
    Subd. 44.  [VEHICLE.] "Vehicle" does not include a rail 
passenger car, railroad locomotive, railroad freight car, 
railroad caboose, or railroad car. 
    Sec. 11.  Minnesota Statutes 1990, 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 and 
     (d) that the information obtained regarding the medical 
condition or history of the applicant is collected and 
maintained on separate forms and in separate medical files and 
is treated as a confidential medical record, except that 
supervisors and managers may be informed regarding necessary 
restrictions on the work or duties of the employee and necessary 
accommodations; first aid safety personnel may be informed, when 
appropriate, if the disability might require emergency 
treatment; government officials investigating compliance with 
this chapter must be provided relevant information on request; 
and information may be released for purposes mandated by local, 
state, or federal law; provided that the results of the 
examination are used only in accordance with this chapter; or 
    (ii) with the consent of the employee, after employment has 
commenced, to obtain additional medical information for the 
purposes of 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.  
    Information obtained under this section, regarding the 
medical condition or history of any employee, is subject to the 
requirements of subclause (i), item (d). 
    Sec. 12.  Minnesota Statutes 1990, 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, a number of 
part-time or full-time employees for each working day in each of 
20 or more calendar weeks in the current or preceding calendar 
year equal to or greater than 25 effective July 1, 1992, and 
equal to or greater than 15 effective July 1, 1994, 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, reassignment to a vacant position, 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. 13.  Minnesota Statutes 1990, 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 animal 
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 animal but is liable for damage 
done to the premises by the service dog animal.  
     (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. 14.  Minnesota Statutes 1990, section 363.03, 
subdivision 3, is amended to read: 
    Subd. 3.  [PUBLIC ACCOMMODATIONS.] (a) 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, or for a taxicab 
company to discriminate in the access to, full utilization of, 
or benefit from service because of a person's disability.; or 
    (2) for a place of public accommodation not to make 
reasonable accommodation to the known physical, sensory, or 
mental disability of a disabled person.  In determining whether 
an accommodation is reasonable, the factors to be considered may 
include: 
    (a) (i) the frequency and predictability with which members 
of the public will be served by the accommodation at that 
location; 
    (b) (ii) the size of the business or organization at that 
location with respect to physical size, annual gross revenues, 
and the number of employees; 
    (c) (iii) the extent to which disabled persons will be 
further served from the accommodation; 
    (d) (iv) the type of operation; 
    (e) (v) 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; and 
    (f) (vi) 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. 
    (b) This paragraph lists general prohibitions against 
discrimination on the basis of disability.  For purposes of this 
paragraph "individual" or "class of individuals" refers to the 
clients or customers of the covered public accommodation that 
enter into the contractual, licensing, or other arrangement. 
     (1) It is discriminatory to: 
    (i) subject an individual or class of individuals on the 
basis of a disability of that individual or class, directly or 
through contractual, licensing, or other arrangements, to a 
denial of the opportunity of the individual or class to 
participate in or benefit from the goods, services, facilities, 
privileges, advantages, or accommodations of an entity; 
    (ii) afford an individual or class of individuals on the 
basis of the disability of that individual or class, directly or 
through contractual, licensing, or other arrangements, with the 
opportunity to participate in or benefit from the goods, 
services, facilities, privileges, advantages, or accommodations 
that are not equal to those afforded to other individuals; and 
     (iii) provide an individual or class of individuals, on the 
basis of a disability of that individual or class, directly or 
through contractual, licensing, or other arrangements, with 
goods, services, facilities, privileges, advantages, or 
accommodations that are different or separate from those 
provided to other individuals, unless the action is necessary to 
provide the individual or class of individuals with goods, 
services, facilities, privileges, advantages, or accommodations, 
or other opportunities that are as effective as those provided 
to others. 
    (2) Goods, services, facilities, privileges, advantages, 
and accommodations must be afforded to an individual with a 
disability in the most integrated setting appropriate to the 
needs of the individual. 
    (3) Notwithstanding the existence of separate or different 
programs or activities provided in accordance with this section, 
the individual with a disability may not be denied the 
opportunity to participate in the programs or activities that 
are not separate or different. 
    (4) An individual or entity may not, directly or through 
contractual or other arrangements, use standards or criteria and 
methods of administration: 
    (i) that have the effect of discriminating on the basis of 
disability; or 
    (ii) that perpetuate the discrimination of others who are 
subject to common administrative control. 
    (c) This paragraph lists specific prohibitions against 
discrimination on the basis of disability.  For purposes of this 
paragraph, discrimination includes: 
    (1) the imposition or application of eligibility criteria 
that screen out or tend to screen out an individual with a 
disability or any class of individuals with disabilities from 
fully and equally enjoying any goods, services, facilities, 
privileges, advantages, or accommodations, unless the criteria 
can be shown to be necessary for the provision of the goods, 
services, facilities, privileges, advantages, or accommodations; 
    (2) failure to make reasonable modifications in policies, 
practices, or procedures when the modifications are necessary to 
afford the goods, services, facilities, privileges, advantages, 
or accommodations to individuals with disabilities, unless the 
entity can demonstrate that making the modifications would 
fundamentally alter the nature of the goods, services, 
facilities, privileges, advantages, or accommodations; 
    (3) failure to take all necessary steps to ensure that no 
individual with a disability is excluded, denied services, 
segregated, or otherwise treated differently than other 
individuals because of the absence of auxiliary aids and 
services, unless the entity can demonstrate that taking the 
steps would fundamentally alter the nature of the goods, 
services, facilities, privileges, advantages, or accommodations 
being offered and would result in an undue burden; 
    (4) failure to remove architectural barriers, and 
communication barriers that are structural in nature, in 
existing facilities, and transportation barriers in existing 
vehicles used by an establishment for transporting individuals, 
not including barriers that can only be removed through the 
retrofitting of vehicles by the installation of hydraulic or 
other lifts, if the removal is readily achievable; and 
    (5) if an entity can demonstrate that the removal of a 
barrier under clause (4) is not readily achievable or cannot be 
considered a reasonable accommodation, a failure to make the 
goods, services, facilities, privileges, advantages, or 
accommodations available through alternative means if the means 
are readily achievable. 
    (d) Nothing in this chapter requires an entity to permit an 
individual to participate in and benefit from the goods, 
services, facilities, privileges, advantages, and accommodations 
of the entity if the individual poses a direct threat to the 
health or safety of others.  "Direct threat" means a significant 
risk to the health or safety of others that cannot be eliminated 
by a modification of policies, practices, or procedures or by 
the provision of auxiliary aids or services. 
    (e) No individual may be discriminated against on the basis 
of disability in the full and equal enjoyment of specified 
public transportation services provided by a private entity that 
is primarily engaged in the business of transporting people and 
whose operations affect commerce.  For purposes of this 
paragraph, it is an unfair discriminatory practice for a private 
entity providing public transportation to engage in one or more 
of the following practices: 
    (1) imposition or application of eligibility criteria that 
screen out, or tend to screen out, an individual with a 
disability or a class of individuals with disabilities from 
fully enjoying the specified public transportation services 
provided by the entity, unless the criteria can be shown to be 
necessary for the provision of the services being offered; 
    (2) failure to make reasonable modifications, provide 
auxiliary aids and services, and remove barriers, consistent 
with section 363.03, subdivision 3, paragraph (c); 
    (3) the purchase or lease of a new vehicle, other than an 
automobile or van with a seating capacity of fewer than eight 
passengers, including the driver, or an over-the-road bus, that 
is to be used to provide specified public transportation that is 
not readily accessible to and usable by individuals with 
disabilities, including individuals who use wheelchairs, except 
that a new vehicle need not be readily accessible to and usable 
by individuals with disabilities if the vehicle is to be used 
solely in a demand responsive system and if the private entity 
can demonstrate that the system, when viewed in its entirety, 
provides a level of services to individuals with disabilities 
equivalent to the level of service provided to the general 
public; 
    (4) purchase or lease a new railroad passenger car that is 
to be used to provide specified public transportation if the car 
is not readily accessible to and usable by individuals with 
disabilities, including individuals who use wheelchairs, or to 
manufacture railroad passenger cars or purchase used cars that 
have been remanufactured so as to extend their usable life by 
ten years or more, unless the remanufactured car, to the maximum 
extent feasible, is made readily accessible to and usable by 
individuals with disabilities, including individuals who use 
wheelchairs, except that compliance with this clause is not 
required to the extent that compliance would significantly alter 
the historic or antiquated character of historic or antiquated 
railroad passenger cars or rail stations served exclusively by 
those cars; 
    (5) purchase or lease a new, used, or remanufactured 
vehicle with a seating capacity in excess of 16 passengers, 
including the driver, for use on a fixed route public 
transportation system, that is not readily accessible to and 
usable by individuals with disabilities, including individuals 
who use wheelchairs.  If a private entity that operates a fixed 
route public transportation system purchases or leases a new, 
used, or remanufactured vehicle with a seating capacity of 16 
passengers or fewer, including the driver, for use on the system 
which is not readily accessible to and usable by individuals 
with disabilities, it is an unfair discriminatory practice for 
the entity to fail to operate the system so that, when viewed in 
its entirety, the system ensures a level of service to 
individuals with disabilities, including individuals who use 
wheelchairs, equivalent to the level of service provided to 
individuals without disabilities; or 
    (6) to fail to operate a demand responsive system so that, 
when viewed in its entirety, the system ensures a level of 
service to individuals with disabilities, including individuals 
who use wheelchairs, equivalent to the level of service provided 
to individuals without disabilities.  It is an unfair 
discriminatory practice for the entity to purchase or lease for 
use on a demand responsive system a new, used, or remanufactured 
vehicle with a seating capacity in excess of 16 passengers, 
including the driver, that is not readily accessible to and 
usable by individuals with disabilities, including individuals 
who use wheelchairs, unless the entity can demonstrate that the 
system, when viewed in its entirety, provides a level of service 
to individuals with disabilities equivalent to that provided to 
individuals without disabilities. 
    (f) It is an unfair discriminatory practice to construct a 
new facility or station to be used in the provision of public 
transportation services, unless the facilities or stations are 
readily accessible to and usable by individuals with 
disabilities, including individuals who use wheelchairs.  It is 
an unfair discriminatory practice for a facility or station 
currently used for the provision of public transportation 
services defined in this subdivision to fail to make alterations 
necessary in order, to the maximum extent feasible, to make the 
altered portions of facilities or stations readily accessible to 
and usable by individuals with disabilities, including 
individuals who use wheelchairs.  If the private entity is 
undertaking an alteration that affects or could affect the 
usability of or access to an area of the facility containing a 
primary function, the entity shall make the alterations so that, 
to the maximum extent feasible, the path of travel to the 
altered area, and the bathrooms, drinking fountains, and 
telephones serving the altered area, are readily accessible to 
and usable by individuals with disabilities if the alterations 
to the path of travel or to the functions mentioned are not 
disproportionate to the overall alterations in terms of cost and 
scope.  The entity raising this defense has the burden of proof, 
and the department shall review these cases on a case-by-case 
basis. 
    Sec. 15.  Minnesota Statutes 1990, section 363.03, 
subdivision 4, is amended to read: 
    Subd. 4.  [PUBLIC SERVICES.] It is an unfair discriminatory 
practice: 
     (1) To discriminate against any person in the access to, 
admission to, full utilization of or benefit from any public 
service because of race, color, creed, religion, national 
origin, disability, sex or status with regard to public 
assistance or to fail to ensure physical and program access for 
disabled persons unless the public service can demonstrate that 
providing the access would impose an undue hardship on its 
operation.  In determining whether providing physical and 
program access would impose an undue hardship, factors to be 
considered include:  
     (a) the type and purpose of the public service's operation; 
     (b) the nature and cost of the needed accommodation; 
     (c) documented good faith efforts to explore less 
restrictive or less expensive alternatives; and 
     (d) the extent of consultation with knowledgeable disabled 
persons and organizations.  
      Physical and program access must be accomplished within six 
months of the effective date of this section, except for needed 
architectural modifications, which must be made within two years 
of the effective date of this section.  
      (2) For public transit services to discriminate in the 
access to, full utilization of, or benefit from service because 
of a person's disability.  Public transit services may use any 
of a variety of methods to provide transportation for disabled 
people, provided that persons who are disabled are offered 
transportation that, in relation to the transportation offered 
nondisabled persons, is:  
     (a) in a similar geographic area of operation.  To the 
extent that the transportation provided disabled people is not 
provided in the same geographic area of operation as that 
provided nondisabled people, priority must be given to those 
areas which contain the largest percent of disabled riders.  A 
public transit service may not fail to provide transportation to 
disabled persons in a geographic area for which it provides 
service to nondisabled persons if doing so will exclude a 
sizable portion of the disabled ridership; 
     (b) during similar hours of operation; 
     (c) for comparable fares; 
      (d) with similar or no restrictions as to trip purpose; and 
      (e) with reasonable response time.  
      Public transit services must meet these five criteria for 
the provision of transit services within three years of the 
effective date of this section.  
     (3) For a public entity that operates a fixed route system 
to: 
     (a) purchase or lease a new bus or vehicle for use on the 
system if the bus or vehicle is not readily accessible to and 
usable by individuals with disabilities, including individuals 
who use wheelchairs; 
    (b) purchase or lease a used bus or vehicle for use on its 
system unless the entity makes a demonstrated good faith effort 
to purchase or lease a used bus or vehicle for use on the system 
that is accessible to and usable by individuals with 
disabilities, including individuals who use wheelchairs; or 
    (c) purchase or lease remanufactured buses or vehicles, or 
to remanufacture buses or vehicles for use on its system, if the 
bus or vehicle has been remanufactured to extend its usable life 
by five years or more, unless after the remanufacture, the bus 
or vehicle is, to the maximum extent feasible, readily 
accessible to and usable by persons with disabilities, including 
individuals who use wheelchairs.  If a public entity operates a 
fixed route system, any segment of which is included on the 
national or state register of historic places, and if making a 
vehicle of historic character to be used solely on that segment 
readily accessible to and usable by individuals with 
disabilities would significantly alter the historic character of 
the vehicle, the entity shall make whatever modifications are 
possible while retaining the historic character of the vehicle. 
     (4) For a public entity operating a demand responsive 
system to purchase or lease new, used, or remanufactured 
vehicles that are not readily accessible to and usable by 
individuals with disabilities, including individuals who use 
wheelchairs, unless the system, when viewed in its entirety, 
provides a level of service to such individuals equivalent to 
the level of service provided to individuals without 
disabilities who use the fixed route system or demand responsive 
system, or for a light or rapid rail public transportation 
system offering intercity or commuter rail services to purchase 
or lease new, used, or remanufactured railroad cars, including 
single- and bi-level dining cars, sleeping cars, coach cars, 
lounge cars, restroom cars, and food service cars, unless all 
the cars, to the maximum extent feasible, are readily accessible 
to and usable by individuals with disabilities, including 
individuals who use wheelchairs. 
    With respect to the remanufacture of a vehicle or railroad 
car which is to be used on a segment of a light or rapid rail 
system which is included on the state or national register of 
historic places, if making the vehicle readily accessible to and 
usable by individuals with disabilities would significantly 
alter the historic character of the vehicle, the public entity 
that operates the system only has to make, or purchase or lease 
a remanufactured vehicle with, those modifications that do not 
significantly alter the historic character of the vehicle. 
     (5) To construct a new facility or station to be used in 
the provision of public transportation services, including 
intercity and commuter light and rapid rail transportation, 
unless the facility or station is readily accessible to and 
usable by individuals with disabilities, including individuals 
who use wheelchairs, or for a facility or station currently used 
for the provision of public transportation services covered by 
this clause, to fail to make alterations necessary in order, to 
the maximum extent feasible, to make the altered portions of the 
facilities or stations, including restrooms, passenger platforms 
and waiting or ticketing areas, publicly owned concessions 
areas, and drinking fountains and public telephones, accessible 
to and usable by individuals with disabilities, including 
individuals who use wheelchairs.  
    If a public entity can demonstrate that the provision of 
paratransit and other transportation services otherwise required 
under this subdivision would impose an undue financial burden on 
the public entity, the public entity is only required to provide 
services to the extent that providing those services would not 
impose such a burden. 
    Nothing in this subdivision may be construed to prevent a 
public entity from providing paratransit services or other 
special transportation services at a level greater than that 
required by this subdivision, providing additional paratransit 
services to those required under this subdivision or extending 
those services to additional individuals not covered under this 
subdivision. 
    Sec. 16.  Minnesota Statutes 1990, section 363.03, 
subdivision 10, is amended to read: 
    Subd. 10.  [DISCRIMINATION AGAINST BLIND, HANDICAPPED, OR 
DEAF PERSONS PROHIBITED.] (a) It is an unfair discriminatory 
practice for an owner, operator or manager of a hotel, 
restaurant, public conveyance or other public place, to prohibit 
a blind, physically handicapped, or deaf person from taking a 
service dog animal into the public place or conveyance if the 
service dog animal can be properly identified as being from a 
recognized school for seeing eye, hearing ear, service, or guide 
dogs animals, and if the dog animal is properly harnessed or 
leashed so that the blind, physically handicapped, or deaf 
person may maintain control of the dog animal.  
    (b) No person shall require a blind, physically 
handicapped, or deaf person to make an extra payment or pay an 
additional charge when taking a service dog animal into any of 
the public places referred to in paragraph (a). 
    Presented to the governor April 17, 1992 
    Signed by the governor April 29, 1992, 7:57 a.m.