1997 Minnesota Statutes

     363.02 Exemptions. 

    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, including 4-H clubs, and 
 other youth organizations, with respect to qualifications of 
 employees or volunteers based on sexual orientation; 

    (4) the employment of one person in place of another, 
 standing by itself, shall not be evidence of an unfair 
 discriminatory practice; 

    (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; 

    (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; 

    (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; 

    (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; 

    (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). 

    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; 

    (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).  

    Subd. 2a.    Manufactured home parks.  A park owner must 
 comply with section 327C.02, subdivision 2, 327C.05, or 327C.07, 
 subdivision 4, when adopting or amending a rule concerning the 
 permitted familial status of residents or of buyers of homes 
 offered for in park sale.  

    Subd. 2b.    Eviction due to familial status.  The 
 provisions of section 363.03, subdivision 2, prohibiting 
 discrimination because of familial status, do not apply to 
 eviction from, or denial of continuing tenancy in, dwelling 
 units exempt under this section, provided that (1) one year has 
 elapsed from the commencement of the familial status and (2) six 
 months prior written notice has been given to the tenant, unless 
 the eviction or denial of continuing tenancy is for nonpayment 
 of rent, damage to the premises, disturbance of other tenants, 
 or other breach of the lease. 

    Subd. 3.    Education.  (a) It is not an unfair 
 discriminatory practice for a religious or denominational 
 institution to limit admission or give preference to applicants 
 of the same religion.  The provisions of section 363.03, 
 subdivision 5, relating to sex, shall not apply to a private 
 educational institution, or branch or level of a private 
 educational institution, in which students of only one sex are 
 permitted to enroll.  Nothing in this chapter shall prohibit an 
 educational institution from using academic qualifications or 
 achievements as criteria for admission or requiring from 
 applicants information which relates to academic qualifications 
 or achievements. 

    (b) Notwithstanding any other provisions of this chapter or 
 any law to the contrary, it is not an unfair discriminatory 
 practice for an educational institution or a public service to 
 operate or sponsor separate athletic teams and activities for 
 members of each sex or to restrict membership on an athletic 
 team to participants of one sex, if this separation or 
 restriction meets the requirements of section 126.21.  

    (c) The department of human rights shall investigate all 
 charges alleging sex discrimination in athletic programs in 
 educational institutions and public services pursuant to the 
 standards and requirements of section 126.21 and the procedures 
 enumerated in this chapter. 

    (d) Nothing in this chapter restricts or limits the rights, 
 procedures, and remedies available under section 504 of the 
 Rehabilitation Act of 1973, United States Code, title 29, 
 section 794, or the Education of the Handicapped Act, United 
 States Code, title 20, sections 1401 and following. 

    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. 

    The provisions of section 363.03, subdivision 3, relating 
 to sex, do not apply to restricting membership on an athletic 
 team or in a program or event to participants of one sex if the 
 restriction is necessary to preserve the unique character of the 
 team, program, or event and it would not substantially reduce 
 comparable athletic opportunities for the other sex.  

    Subd. 5.    Disability.  Nothing in this chapter shall 
 be construed to prohibit any program, service, facility, or 
 privilege afforded to a person with a disability which is 
 intended to habilitate, rehabilitate, or accommodate that 
 person.  It is a defense to a complaint or action brought under 
 the employment provisions of this chapter that the person 
 bringing the complaint or action has a disability which in the 
 circumstances and even with reasonable accommodation, as defined 
 in section 363.03, subdivision 1, clause (6), poses a serious 
 threat to the health or safety of the disabled person or 
 others.  The burden of proving this defense is upon the 
 respondent. 

    Subd. 6.    Age.  By law or published retirement policy, 
 a mandatory retirement age may be established without being a 
 violation of this chapter if it is established consistent with 
 section 181.81.  Nothing in this chapter nor in section 181.81 
 shall prohibit employee pension and retirement plans from 
 granting pension credit to employees over the age of 65 at a 
 lesser rate than is granted to other employees, provided that in 
 no event may an employee's accumulated pension credits be 
 reduced by continued employment, and further provided that no 
 other state or federal law is violated by the reduced rate of 
 pension credit accrual.  Nothing in this chapter shall be 
 construed to prohibit the establishment of differential 
 privileges, benefits, services, or facilities for persons of 
 designated ages if (a) such differential treatment is provided 
 pursuant to statute, or (b) the designated age is greater than 
 59 years or less than 21 years.  Clause (b) does not apply to 
 hiring, tenure, compensation, upgrading, or conditions of 
 employment. 

    Subd. 7.    Summer youth employment program.  The 
 provisions of section 363.03, subdivision 1, with regard to age 
 shall not apply to the state summer youth employment program 
 administered by the commissioner of economic security. 

    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. 

    HIST: 1955 c 516 s 4; 1961 c 428 s 4; 1965 c 584 s 1; 1967 c 
 897 s 10,11; 1973 c 729 s 2; 1975 c 206 s 1; 1977 c 351 s 2-4; 
 1977 c 408 s 2; 1977 c 430 s 25 subd 1; 1978 c 649 s 4; 1980 c 
 355 s 3; 1980 c 509 s 143; 1980 c 531 s 3; 1982 c 492 s 2; 1982 
 c 526 art 2 s 16; 1983 c 276 s 5,6; 1983 c 301 s 198; 1984 c 608 
 s 3; 1Sp1985 c 14 art 9 s 75; 1986 c 444; 1987 c 23 s 2; 1987 c 
 129 s 1,2; 1988 c 660 s 2,3; 1989 c 280 s 4-8; 1990 c 567 s 2; 
 1992 c 527 s 11; 1993 c 22 s 3-6; 1994 c 483 s 1; 1996 c 431 s 1; 1997 c 
 239 art 12 s 2 

*   NOTE:  See also section 471.997.