language to be deleted (2) new language
relating to human rights; changing provisions for actions involving architectural barriers;
amending Minnesota Statutes 2016, sections 363A.28, subdivision 3; 363A.331, subdivisions 2, 5, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
(a) A claim of an unfair discriminatory practice must be brought as a civil action pursuant to section 363A.33, subdivision 1, filed in a charge with a local commission pursuant to section 363A.07, subdivision 3, or filed in a charge with the commissioner within one year after the occurrence of the practice.
(b) The running of the one-year limitation period is suspended during the time a potential charging party and respondent are voluntarily engaged in a dispute resolution process involving a claim of unlawful discrimination under this chapter, including arbitration, conciliation, mediation or grievance procedures pursuant to a collective bargaining agreement or statutory, charter, ordinance provisions for a civil service or other employment system or a school board sexual harassment or sexual violence policy. A potential respondent who participates in such a process with a potential charging party before a charge is filed or a civil action is brought shall notify the department and the charging party in writing of the participation in the process and the date the process commenced and shall also notify the department and the charging party of the ending date of the process. A respondent who fails to provide this notification is barred from raising the defense that the statute of limitations has run unless one year plus a period of time equal to the suspension period has passed.
(c) The running of the one-year limitation period is suspended during the time period provided for in the notice under section 363A.331, subdivision 2.
(a) A notice sent before filing a civil action with the court by an attorney representing a person who alleges that a business establishment or place of public accommodation has violated an accessibility requirement under law must be dated and must:
(1) cite the law alleged to be violated;
(2) identify each architectural barrier that is the subject of an alleged violation and specify its location on the premises;
(3) provide a reasonable time for a response, which may not be less than 30 days; and
(4) comply with subdivision 3.
(b) A notice described in paragraph (a) must not include a request or demand for money or an offer or agreement to accept money, but may offer to engage in settlement negotiations before litigation. If a notice is sent, a civil action may not be filed before expiration of the period to respond provided in the notice.
(a) Subdivisions 2 and 3 do not apply to:
(1) a person who is not represented by an attorney; or
(2) attorneys representing the state or a political subdivision of the state.
(b) This section does not bar a person from bringing an action if the person:
(1) is challenging a finding contained in an audit prepared by a certified professional;
(2) has a claim for damages resulting from an injury; or
(3) has filed charges pursuant to section 363A.28.
Presented to the governor May 20, 2017
Signed by the governor May 23, 2017, 3:18 p.m.