Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                         CHAPTER 22-H.F.No. 585 
           An act relating to human rights; prohibiting unfair 
          discriminatory practices on the basis of sexual 
          orientation; amending Minnesota Statutes 1992, 
          sections 363.01, subdivision 23, and by adding a 
          subdivision; 363.02, subdivisions 1, 2, 4, and by 
          adding a subdivision; 363.03, subdivisions 1, 2, 3, 4, 
          5, 7, 8, and 8a; 363.05, subdivision 1; 363.11; 
          363.115; and 363.12, subdivision 1; proposing coding 
          for new law in Minnesota Statutes, chapter 363. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 363.01, 
subdivision 23, is amended to read: 
    Subd. 23.  [LOCAL COMMISSION.] "Local commission" means an 
agency of a city, county, or group of counties created pursuant 
to law, resolution of a county board, city charter, or municipal 
ordinance for the purpose of dealing with discrimination on the 
basis of race, color, creed, religion, national origin, sex, 
age, disability, marital status, status with regard to public 
assistance, sexual orientation, or familial status.  
    Sec. 2.  Minnesota Statutes 1992, section 363.01, is 
amended by adding a subdivision to read: 
    Subd. 45.  [SEXUAL ORIENTATION.] "Sexual orientation" means 
having or being perceived as having an emotional, physical, or 
sexual attachment to another person without regard to the sex of 
that person or having or being perceived as having an 
orientation for such attachment, or having or being perceived as 
having a self-image or identity not traditionally associated 
with one's biological maleness or femaleness.  "Sexual 
orientation" does not include a physical or sexual attachment to 
children by an adult. 
    Sec. 3.  Minnesota Statutes 1992, 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 or 
sexual orientation, when religion or sexual orientation shall be 
a bona fide occupational qualification for employment; 
     (3) A nonpublic service organization whose primary function 
is providing occasional services to minors, such as youth sports 
organizations, scouting organizations, boys' or girls' clubs, 
programs providing friends, counselors, or role models for 
minors, youth theater, dance, music or artistic organizations, 
agricultural organizations for minors, and other youth 
organizations, with respect to qualifications of employees or 
volunteers based on sexual orientation; 
    (3) (4) The employment of one person in place of another, 
standing by itself, shall not be evidence of an unfair 
discriminatory practice; 
    (4) (5) 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) (6) 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) (7) 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) (8) 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) (9) 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; 
     (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; 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. 4.  Minnesota Statutes 1992, 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, sexual 
orientation, or disability.  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; or 
    (c) the rental by a resident owner of a unit in a dwelling 
containing not more than two units, if the discrimination is on 
the basis of sexual orientation.  
    (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 owner occupied building containing four or fewer 
dwelling units; or 
    (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 August 1, 1989, 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. 5.  Minnesota Statutes 1992, section 363.02, 
subdivision 4, is amended to read: 
    Subd. 4.  [PUBLIC ACCOMMODATIONS.] The provisions of 
section 363.03, subdivision 3, relating to sex, shall not apply 
to such facilities as restrooms, locker rooms, and other similar 
places.  The provisions of section 363.03, subdivision 3, do not 
apply to employees or volunteers of a nonpublic service 
organization whose primary function is providing occasional 
services to minors, such as youth sports organizations, scouting 
organizations, boys' or girls' clubs, programs providing 
friends, counselors, or role models for minors, youth theater, 
dance, music or artistic organizations, agricultural 
organizations for minors, and other youth organizations, with 
respect to qualifications based on sexual orientation. 
     Sec. 6.  Minnesota Statutes 1992, section 363.02, is 
amended by adding a subdivision to read: 
    Subd. 8.  [RELIGIOUS ASSOCIATION.] Nothing in this chapter 
prohibits any religious association, religious corporation, or 
religious society that is not organized for private profit, or 
any institution organized for educational purposes that is 
operated, supervised, or controlled by a religious association, 
religious corporation, or religious society that is not 
organized for private profit, from: 
    (1) limiting admission to or giving preference to persons 
of the same religion or denomination; or 
    (2) in matters relating to sexual orientation, taking any 
action with respect to education, employment, housing and real 
property, or use of facilities.  This clause shall not apply to 
secular business activities engaged in by the religious 
association, religious corporation, or religious society, the 
conduct of which is unrelated to the religious and educational 
purposes for which it is organized. 
     Sec. 7.  [363.021] [CONSTRUCTION OF LAW.] 
    Nothing in this chapter shall be construed to:  
    (1) mean the state of Minnesota condones homosexuality or 
bisexuality or any equivalent lifestyle; 
    (2) authorize or permit the promotion of homosexuality or 
bisexuality in education institutions or require the teaching in 
education institutions of homosexuality or bisexuality as an 
acceptable lifestyle; 
    (3) authorize or permit the use of numerical goals or 
quotas, or other types of affirmative action programs, with 
respect to homosexuality or bisexuality in the administration or 
enforcement of the provisions of this chapter; or 
    (4) authorize the recognition of or the right of marriage 
between persons of the same sex. 
    Sec. 8.  Minnesota Statutes 1992, 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, sexual 
orientation, 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, sexual orientation, 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, sexual 
orientation, 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, sexual orientation, 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, sexual 
orientation, 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, sexual orientation, 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 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. 9.  Minnesota Statutes 1992, 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, sexual orientation, 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, sexual orientation, 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, sexual orientation, 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, sexual 
orientation, 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, sexual orientation, 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, sexual 
orientation, 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, sexual orientation, 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, sexual orientation, 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, sexual orientation, 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, sexual orientation, 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 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 animal but is liable for damage 
done to the premises by the service 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. 10.  Minnesota Statutes 1992, 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, sexual orientation, or sex, 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: 
    (i) the frequency and predictability with which members of 
the public will be served by the accommodation at that location; 
    (ii) the size of the business or organization at that 
location with respect to physical size, annual gross revenues, 
and the number of employees; 
    (iii) the extent to which disabled persons will be further 
served from the accommodation; 
    (iv) the type of operation; 
    (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 
     (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.  
     (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. 11.  Minnesota Statutes 1992, 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, sexual orientation, 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 June 7, 1983, except for needed architectural 
modifications, which must be made within two years of June 7, 
1983.  
    (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 June 7, 
1983.  
     (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. 12.  Minnesota Statutes 1992, section 363.03, 
subdivision 5, is amended to read: 
    Subd. 5.  [EDUCATIONAL INSTITUTION.] It is an unfair 
discriminatory practice: 
    (1) To discriminate in any manner in the full utilization 
of or benefit from any educational institution, or the services 
rendered thereby to any person because of race, color, creed, 
religion, national origin, sex, age, marital status, status with 
regard to public assistance, sexual orientation, or disability, 
or to fail to ensure physical and program access for disabled 
persons.  For purposes of this paragraph, program access 
includes but is not limited to providing taped texts, 
interpreters or other methods of making orally delivered 
materials available, readers in libraries, adapted classroom 
equipment, and similar auxiliary aids or services.  Program 
access does not include providing attendants, individually 
prescribed devices, readers for personal use or study, or other 
devices or services of a personal nature. 
    (2) To exclude, expel, or otherwise discriminate against a 
person seeking admission as a student, or a person enrolled as a 
student because of race, color, creed, religion, national 
origin, sex, age, marital status, status with regard to public 
assistance, sexual orientation, or disability. 
    (3) To make or use a written or oral inquiry, or form of 
application for admission that elicits or attempts to elicit 
information, or to make or keep a record, concerning the race, 
color, creed, religion, national origin, sex, age, marital 
status, sexual orientation, or disability of a person seeking 
admission, except as permitted by rules of the department. 
    Sec. 13.  Minnesota Statutes 1992, 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 
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, sexual orientation, 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 1992, section 363.03, 
subdivision 8, is amended to read: 
    Subd. 8.  [CREDIT; 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, sexual orientation, 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 1992, section 363.03, 
subdivision 8a, is amended to read: 
    Subd. 8a.  [BUSINESS 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 
    (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, sexual orientation, 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. 16.  Minnesota Statutes 1992, section 363.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FORMULATION OF POLICIES.] The commissioner 
shall formulate policies to effectuate the purposes of this 
chapter and shall: 
     (1) exercise leadership under the direction of the governor 
in the development of human rights policies and programs, and 
make recommendations to the governor and the legislature for 
their consideration and implementation; 
     (2) establish and maintain a principal office in St. Paul, 
and any other necessary branch offices at any location within 
the state; 
     (3) meet and function at any place within the state; 
     (4) employ attorneys, clerks, and other employees and 
agents as the commissioner may deem necessary and prescribe 
their duties; 
     (5) to the extent permitted by federal law and regulation, 
utilize the records of the department of jobs and training of 
the state when necessary to effectuate the purposes of this 
chapter; 
     (6) obtain upon request and utilize the services of all 
state governmental departments and agencies; 
     (7) adopt suitable rules for effectuating the purposes of 
this chapter; 
     (8) issue complaints, receive and investigate charges 
alleging unfair discriminatory practices, and determine whether 
or not probable cause exists for hearing; 
     (9) subpoena witnesses, administer oaths, take testimony, 
and require the production for examination of any books or 
papers relative to any matter under investigation or in 
question; 
     (10) attempt, by means of education, conference, 
conciliation, and persuasion to eliminate unfair discriminatory 
practices as being contrary to the public policy of the state; 
     (11) develop and conduct programs of formal and informal 
education designed to eliminate discrimination and intergroup 
conflict by use of educational techniques and programs the 
commissioner deems necessary; 
     (12) make a written report of the activities of the 
commissioner to the governor each year and to the legislature by 
November 15 of each even-numbered year; 
     (13) accept gifts, bequests, grants or other payments 
public and private to help finance the activities of the 
department; 
     (14) create such local and statewide advisory committees as 
will in the commissioner's judgment aid in effectuating the 
purposes of the department of human rights; 
     (15) develop such programs as will aid in determining the 
compliance throughout the state with the provisions of this 
chapter, and in the furtherance of such duties, conduct research 
and study discriminatory practices based upon race, color, 
creed, religion, national origin, sex, age, disability, marital 
status, status with regard to public assistance, familial 
status, sexual orientation, or other factors and develop 
accurate data on the nature and extent of discrimination and 
other matters as they may affect housing, employment, public 
accommodations, schools, and other areas of public life; 
    (16) develop and disseminate technical assistance to 
persons subject to the provisions of this chapter, and to 
agencies and officers of governmental and private agencies; 
    (17) provide staff services to such advisory committees as 
may be created in aid of the functions of the department of 
human rights; 
    (18) make grants in aid to the extent that appropriations 
are made available for that purpose in aid of carrying out 
duties and responsibilities; and 
    (19) cooperate and consult with the commissioner of labor 
and industry regarding the investigation of violations of, and 
resolution of complaints regarding section 363.03, subdivision 9.
    In performing these duties, the commissioner shall give 
priority to those duties in clauses (8), (9), and (10) and to 
the duties in section 363.073.  
    Sec. 17.  Minnesota Statutes 1992, section 363.11, is 
amended to read: 
    363.11 [CONSTRUCTION.] 
    The provisions of this chapter shall be construed liberally 
for the accomplishment of the purposes thereof.  Nothing 
contained in this chapter shall be deemed to repeal any of the 
provisions of the civil rights law or of any other law of this 
state relating to discrimination because of race, creed, color, 
religion, sex, age, disability, marital status, status with 
regard to public assistance or, national origin, sexual 
orientation, or familial status; but, as to acts declared unfair 
by section 363.03, the procedure herein provided shall, while 
pending, be exclusive. 
    Sec. 18.  Minnesota Statutes 1992, section 363.115, is 
amended to read: 
    363.115 [REFERRAL TO LOCAL COMMISSION.] 
    The commissioner, whether or not a charge has been filed 
under this chapter, may refer a matter involving discrimination 
because of race, color, religion, sex, creed, disability, 
marital status, status with regard to public assistance, 
national origin, age, sexual orientation, or familial status to 
a local commission for study and report. 
    Upon referral by the commissioner, the local commission 
shall make a report and make recommendations to the commissioner 
and take other appropriate action within the scope of its powers.
    Sec. 19.  Minnesota Statutes 1992, section 363.12, 
subdivision 1, is amended to read: 
    Subdivision 1.  It is the public policy of this state to 
secure for persons in this state, freedom from discrimination; 
    (1) In employment because of race, color, creed, religion, 
national origin, sex, marital status, disability, status in with 
regard to public assistance, sexual orientation, and age; 
    (2) In housing and real property because of race, color, 
creed, religion, national origin, sex, marital status, 
disability, status with regard to public assistance, sexual 
orientation, and familial status; 
    (3) In public accommodations because of race, color, creed, 
religion, national origin, sex, sexual orientation, and 
disability; 
    (4) In public services because of race, color, creed, 
religion, national origin, sex, marital status, disability, 
sexual orientation, and status in with regard to public 
assistance; and 
    (5) In education because of race, color, creed, religion, 
national origin, sex, marital status, disability, status with 
regard to public assistance, sexual orientation, and age.  Such 
discrimination threatens the rights and privileges of the 
inhabitants of this state and menaces the institutions and 
foundations of democracy.  It is also the public policy of this 
state to protect all persons from wholly unfounded charges of 
discrimination.  Nothing in this chapter shall be interpreted as 
restricting the implementation of positive action programs to 
combat discrimination. 
     Sec. 20.  [363.20] [CRIMINAL CODE; EFFECT.] 
    Nothing in this chapter alters the provisions of chapter 
609 or other law relating to criminal penalties. 
    Presented to the governor April 1, 1993 
    Signed by the governor April 2, 1993, 10:27 a.m.