Key: (1) language to be deleted (2) new language
CHAPTER 132-S.F.No. 1176
An act relating to civil law; clarifying that civil
actions against the state may be brought in federal
court under certain federal statutes; amending
Minnesota Statutes 2002, section 1.05.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 1.05, is
amended to read:
1.05 [WAIVER OF IMMUNITY FOR VIOLATIONS OF CERTAIN FEDERAL
STATUTES.]
Subdivision 1. [AGE DISCRIMINATION IN EMPLOYMENT ACT.] An
employee, former employee, or prospective employee of the state
who is aggrieved by the state's violation of the Age
Discrimination in Employment Act of 1967, United States Code,
title 29, section 621, et seq., as amended, may bring a civil
action against the state in federal court or in any other court
of competent jurisdiction for such legal or equitable relief as
will effectuate the purposes of the act.
Subd. 2. [FAIR LABOR STANDARDS ACT.] An employee of the
state who is aggrieved by the state's violation of the Fair
Labor Standards Act of 1938, United States Code, title 29,
section 201, et seq., as amended, may bring a civil action
against the state in federal court or in any other court of
competent jurisdiction for such legal or equitable relief as
will effectuate the purposes of the act.
Subd. 3. [FAMILY AND MEDICAL LEAVE ACT.] An employee,
former employee, or prospective employee of the state who is
aggrieved by the state's violation of the Family and Medical
Leave Act, United States Code, title 29, sections 2601 to 2654,
as amended, may bring a civil action against the state
in federal court or in any other court of competent jurisdiction
for such legal or equitable relief as will effectuate the
purposes of the act.
Subd. 4. [AMERICANS WITH DISABILITIES ACT.] An employee,
former employee, or prospective employee of the state who is
aggrieved by the state's violation of the Americans with
Disabilities Act of 1990, United States Code, title 42, section
12101, as amended, may bring a civil action against the state in
federal court or in any other court of competent jurisdiction
for such legal or equitable relief as will effectuate the
purposes of the act.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective retroactive to August 1, 2001.
Presented to the governor May 24, 2003
Signed by the governor May 28, 2003, 1:45 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes