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HomeMy WebLinkAbout1991 12-11 CCP Special Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER DECEMBER 11, 1991 8 P.M. SPECIAL SESSION CONFERENCE ROOM A 1. Call to Order 2. Roll Call 3. Discussion of the need to enter into an Executive Session to discuss labor negotiations and compensation. (Councilmember Cohen has requested Manager Splinter, Attorney LeFevere and Personnel Coordinator Barone be present for this portion of the meeting) 4. Council decision to enter into Executive Session. 5. Adjournment ATTACHMENTS: City Attorney letter dated 12/9/91 regarding Executive Sessions. Memorandum from Councilmember Cohen dated 12/11/91. H P. L/5 HOLMES & GRAVEN CHARTERED Jt1FIN 11. V Q i'. J R. Attomcyy at Law 470 Plilsbur) Cmier. Mi nn ogpofis, %linlicsoia 3540.1 ROBER r J. U%W%1.1. ROBERT A. At SOP L,%.t'RA K. Mout,v• RONALD H. SATTY Fay..imite (61. 337-9310 D AN: F i . R. Nv, vso.% S'": IMA J. Bret'[. 8'%Ra'%wA 1'. PoR*J Robt*T C. CAKI.SON J'%NtFSN1. S'I'sowsly.s' ('HKISfJ'NV M. ('HAI.E. suv F'N %1A % vvys JOHN B. DEAN %I ARY C. DOBBINS LAIM NI. A Yk ru P*.m STEVAME N. GAVVY WRITER'S DIRECT DIAL 13uxNIE 1'. wil,wo, CORRINE A. HFAM' JAMES ti. Hol-VI•S 337-9215 .104M R. LARSON OF VM Nsy.%. WELLINGTON W I.AW MOIDSON December 9, 1991 Mayor and City Council Members City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Meeting to Discuss Strategy for Labor Negotiations Dear Mayor and Members of the Council: I have been asked to comment on the legal requirements applicable to meetings of the City Council to discuss strategy for labor negotiations of non-organized city employees. I. STATE OPEN MEETING LAW. A. Introduction. The Minnesota Open Meeting Law, Minnesota Statutes 1 471.705, requires that, with certain limited exceptions, all meetings, Including executive sessions, of any city council shall be open to the public. Under Brooklyn Center City Charter Section 3.01, all meetings of the Council must be in compliance with the Open Meeting Law. B. Exception. The requirement that meetings be open to the public is subject to certain limited exceptions. The one which applies in this case is Subdivision la of Section 471.705. This Section provides that the City Council may, by a majority vote In a public meeting, decide to hold a closed meeting to consider strategy or labor -negotiations, including negatiati ©n strategies or developments or discussion and review of labor negotiation proposals, conducted pursuant to Sections 179A.01 to 179A.25 (the Minnesota Public Employee Relations Act - (PELRA)) . Although PURA deals primarily with organized employees, certain provisions of the Act apply to employees which are not organized. For example, Section 179A.06 Subd. 1, provides that if no exclusive representative has been certified, any public employee individually or group of employees through their representative has the right to CLL;5774 EEC try '31 14:50 Hi_iLP'tES =. GRA'VEN P. 3, 5 Mayor and City Council Members December 9, 1991 Page g express or communicate a view, grievance, complaint or opinion on any matter related to the conditions of compensation of public employment or their betterment by meeting with their public employer or the public employer's representative. Therefore, since the terms of the Public Employee Labor Relations Act are not limited to organized employees, it is my opinion that the City Council may hold a closed meeting to consider strategy for labor negotiations including negotiations strategies or developments or discussion and review of labor negotiation proposals . C. Requirements. If the City Council decides by majority vote at an open meeting to hold a closed meeting, it must comply with the same requirements applicable to meetings held to discuss negotiation strategies with organized employees. These requirements include the following' l . The process must start with a majority vote at an open meeting to decide to hold a closed meeting for this purpose. 2. The time of commencement p e cement and lace of the closed meeting must be announced at the time of the public meeting. • g. A written roll of members and all other persons present at the closed meeting shall be made available to the public after the closed meeting. 4. The proceedings of the closed meeting to discuss negotiation strategy must be tape recorded at the expense of the City and preserved by it for two years after the contract is signed. 5. The tape recording of the meeting must be made available to the public after all labor contracts are signed by the governing body for the current budget period. Since the compensation of unorganised employees is not established by the execution of a written contract (other than, perhaps, the city manager), I and to the execution would correspond assume that the event which p ci ' al decision b the City Council of a union contract would be a fin y Y setting the pay scale for unorganized employees. Therefore, as soon as that action is taken, the tape of the closed meeting must be made available to the public. 6. The only matters which may be discussed at the closed meeting are discussions of labor negotiation strategies or developments or discussion and review of labor negotiation proposals. Discussion of items other than these may not be conducted at the closed meeting. i CLL25774 DR291 -4 _ jl _, _1 Hi_Lrit_ _. r'H'iE(I F' -1:15 Mayor and City Council Members December 9, 1991 Page 3 7. Before the public meeting is closed, the Council should state for the minutes of that meeting the specific grounds permitting the following meeting to be closed, (which would be Minnesota Statutes § 471.705, Subd. 1a, relating to consideration of strategy for labor negotiations) , and must describe the subject to be discussed (which would be to consider strategy for labor negotiations involving unorganized employees) . D. Penalties. The penalties for violation of the Open Meeting Law are specified by Subd. 2 of Section 471.05. Any person who violates the Open Meeting Law is subject to personal liability in the form of a civil penalty in an amount not to exceed one hundred dollars for a single occurrence. Upon a third violation by the same person, the person forfeits any further right to serve on the governing body for a period of time equal to the term of office the person was serving at the time of the violation. Since this is one of the few provisions in state law providing for removal from office of an elected official, it is obvious that the legislature takes violation of the Open Meeting Law very seriously. II. CHARTER PROVISIONS. Several provisions of the Brooklyn Center City Charter may also have a bearing on how the meeting would have to be conducted. As indicated above, Section 3.01 of the Charter provides that the meetings of the Council must be in compliance with the Open Meeting Law. Other provisions of the Charter relate to who must be present at such a meeting and how the records of the meeting should be kept. Section 3.02 of the Charter, entitled "Secretary of Council" provides that the city clerk or the city clerk's designee shall act as secretary to the council. The clerk is to keep a journal of council proceedings and perform such other duties as may be required by the Charter or as the Council may require. In the absence of the city clerk., the Council may designate any other official or employee of the City to act as secretary of the Council. However, the City Council may not designate a member of the Council or the City Manager to act as secretary of the Council. A violation of this Section would not be a violation of the Open Meeting Law; however, I would not recommend that the Council meet without someone to act as secretary. In this case, since the nature of the record of proceedings of the meeting is specified by statute (a tape recording) , the role of the secretary would be to operate the tape recorder and, presumably, to take custody of the tape recording. At regular City Council meetings, the secretarial duties are carried out by the contract recording secretary. Therefore, one possibility would be to have the recording secretary serve in that same capacity for the closing meeting. Section 6.02, Subd. 5 of the Charter provides that the city manager shall attend all meetings of the Council, unless excused by the mayor. CLL25774 Bn91 -4 DEC- _a'. 1 14 'f-' Hi Li °IE HRH' % I F. � 'c Mayor and City Council Members December 9, 1991 Page 4 III. CONCLUSION. in conclusion, it appears to me that the City Council has the legal authority to hold a closed meeting provided it strictly complies with the limitations described above . Because violation of the Open Meeting Law is a very serious matter, and because the law requires that the tape be made public immediately after the Council's action is finalized, I would recommend that the Council be very careful with the recording of the meeting and the custody of the tape recording of the meeting. Very truly yours, Charles L. LeFevere CLL : rsr CLL25774 BR291 -4 To: Mayor Todd Paulson Councilmember Jerry Pedlar Councilmember Dave Rosene Councilmember Celia Scott From: Councilmember Phil Cohen Date: December 11, 1991 Subject: State of Minnesota Statutes governing Lab ns Co a 'on Labor Ne otiatio m ens etc. tz , g g g / P Please find attached information that pertains to the council's most recent discussion on compensation for the cities administrative staff that are not part of a barganing unit. These are excerpts in whole or part from the respective laws. • Pay Equity Act • Public Employees Labor Relations Act. • Human Rights Act as it applys to Employment. This information was provided by Karen Olsen, who is with Labor Relations Associates - who are the labor consultants to the city. The underlined parts are sections that would apply to the issues that are matters of current discussion before the council. After reviewing the above, it is my feeling that the statutues severely limit the council's ability to either freeze administrative salaries and /or make arbitrary adjustments to individual compensation levels. In view of those restrictions, the purpose of holding an executive session to consider such compensation issues no longer is there. Further, the information that is available along with Geralyn Barone's understanding of the entire process, we could take this opportunity to review the underlying state laws that govern these labor issues. BUREAU OF M MIATION SERVICES PAY EQUITY ACT Minnesota S=aes Chapter 471 Sections 47L99I- 471.999 MCrRA= FROM 1990 STATUTES pRtw= OCTOUR,19 n Tai Provided By The Office of Revisor of St-!hutcs 7th Floor, St2te OfCc e St. F=d,, MN 55155 C APTER 471 R•'LG=S, POWERS, DCTZES; SEVET.AL POLITICAL SMM=SI0EG5 471.991 Definitions. 471.992 Equitable cccpensation relationships. 471.993 Compensation relationships of positions. 471.994 Job evalwatioa system. 471.995 Report Availability. 471.9966 Effect oa Other law. 671.997 Human rights act exception. 471.9975 Suits barred. 471.999 Report to cocissioner. 471.9981 Counties and cities; pay equity compliance. 471.999- Report to legislature. H- I 471.991 DEFINITIONS. Subdivision 1. Terns. For the purposes of Laws 1984, chapter 651, the following terms have the meanings. them. Subd. 2. balanced class. "Balanced class" means a=Y class in which no more than 80 percent of the members are male and no more than 70 percent of the xembers are female. Subd. 3. Comparable work value. 'Comparable work value" means the value of work measured by the skill, effort, responsibility, and working conditions normally required is the performance of the work. S 4. Class_ •Class" means one or Mre positions that have similar duties, responsibilities, and general qualifications necessary to perform the duties, with comparable selection procedures used to recruit employees, and use of the same compensation sc.s+edule. Subd. 5._ Equitable com relatiaaship. "Equitable compensation relationship" means that the compensation for female-doainated classes is not consistently below the compensation for stale- dominated classes of comparable work value, as determined under section 471.994, within the political subdivision. Subd. G. Ilesiale- dominated class. "Female - dominated class' means any class i.: which 70 percent o= more of the members are female. Subd. 7. M l.e- dominated Class. *Vale- dominated class" means any class in which 6o pe._cent or more of the members ax male. Subd. S. Position. 'Position' means a group of _ current duties and responsibilities assigned or delegated by a supervisor to an individual. SIST: 1984 c 651 s 1; 1,990 c 512 s 1 471_992 EGUM BLE COMPKSATICH Subdivision 1. Establish_ent. Subject to sections 179A.01 to 179A.25 and sections 177.41 to 177.44 but notwithstaading anp other law to the contrary. everp political subdivision of this state shall establish equitable co :. re ationshivs between fern e- dominate , stn e- dominated, and balanced classes of employees in order to eliminate sex-based wage disparities in public exployment in this state. A orimary consideration i n negotiating, establishing, recommending, and approving compensation is comparable work value in relationship t other_eaployee positions within the political subdivision. This 12Lv may not be construed to limit the ability of the parties to collectively bargain in good faith. Subd. 2. Arbitration. is all interest arbitration involving a class other than a balanced class held under sections 179A.01 to 179A.25, the arbitrator shall consider the equitable compensation relationship standards established in this section and the standards established under section H -I 471.993, together with 'Other intere st other standards appropriate arbitration. The arbitrator shall consider both the results of a job evaluation study and any employee objections to the study. In interest arbitration for a balanced class, the arbitrator may consider the standards established under this section and the results of, and any employee objections to, a job evaluation study, but snail also consider similar or like classifications in other political sxbdivisibis. Sub4. 3. Repealed, 1990 c 512 s 13 Subd. 4. Collective bargaining. Ia collective bargaining for a balanced class, the parties may consider the equitable c-„=ensation relationship standards established by this section and the results of a job evaluation study, but shall also consider similar or like classifications in other political subdivisions. SIST: 1984 c 462 s 27; 1984 c 651 s 2: 1986 c-AS9 s 1: ISp1986 c 3 art 2 s IS; 1990 c 512 s 2 -4 471.993 PATIOS AErJ=0ZMH1PS OF PCSITIQBS. Subdivision 1_ Assurance of reasonable 'relatioa ship . in preparing management negotiation positions for compensation established through collective bargaining under chapter 179A and in establishing, recommending, and approving, compensation plans for employees of political subdivisions not represented by an exclusive representative under chapter 179A, the respective political s::bdivision as t public employer, as defined in section 175n.03, subdivision, 15, or, where appropriate, the Minnesota merit system, shall assure that: (1) compensation for positions in the classified civil f service, unclassified civil service, and management bear reasonable relationship to one another; (2) compensation for positions bear reasonable relationship to similar positions outside of that parti=lar political subdivision's employment; and (3) compensation for positions within the employer's work r/ force bear reasonable relationship among related job classes and among various levels within the same occupational group. Subd_ 2. Reasonable relationship defined. For purposes of subdivision 1, compensat on, ,.or positions bear "reasonable relationship` to one another if: (1) the compensation for positions which requir comparable s kill, eff ",.L. nsibility, workzp conditions, and other relevant work - related criteria is comparable- and (2) the c ompensation for positions which require differing s kill, effort, responsibilit -arkLIg conditions, and other relevant work- related criteria ii sss roportion to the s e ffort, responsibility, working ocndi io ns, a other relevant work- related criteria rev_uired. E7ST: 1984 c 651 s 3; 1987 c 384 art 1 s 42 H- 2 471.994 JOB E7ALCA''I0.n SYSTY -4- Every political subdivision shay_ use a job evaluation system in order to dete: =ine the comparable work value o: the work performed by each class of its employees. The system must be maintained and updated to account for new employee classes and any changes in factors affecting the comparable work value of existing classes. A political subdivision that substantially modifies its job evaluation system or adopts a new system shall notify the camissioner. The political subdivision may use the system of some other public employer in the state. Each political subdivision shall meet and confer with the exclusive representatives of their employees on the development ar seiectiom of a job evaluation system. FIST: 1984 c 651 s 4; 1990 c 512 s 5 471.995 REPORT AV&MkRIL=. Notwithstanding section 13.37, every political subdivision shall submit a report containing the results of the job evaluation system to the exclusive representatives of their employees to be used by both parties in contract negotiations. At a minimum, the report to each exclusive representative shall _ identify the Female - dominated classes is the political subdivision for which compensation ;=equity exists, based on the comparable work value, and all data not an individuals used to support these findincs. EZST: 1984 c 651 s 5 471.996 Repealed, 1990 c 512 s 13 471.9965 Repealed, 198E c 459 s 3 471 - 9966 EPEECT ON O� LAW. Notwithstanding section 179A.13, subdivision 2, it is aot an unfair labor practice for a political subdivision to specify an amount of funds to be used solely to correct iaeauitable compensation relatio:ships. A political subdivision may specify an amount of funds to be used for general salary increases. The provisions of sections 471.991 to 471.999 do not diminish a political subdivision's duty to bargain in good £with under chapter 179A or sections 179_35 to 179.39. fiZST: 1986 c 459 s 2 47 1-9 9:E HUMAN RIG= AC.`, E71MNCE. 7 The commissioner of human rights or any state court may use as evidence the results of any job evaluation system established under section 471.994 and the reports compiled under section 471.995 in any proceeding or action allecing discrimination. 8?ST: 1984 c 651 s 8; 1989 c 223 s 2 t= SN also s*ett:on 363.02. H-3 471_9975 SO= BARRED. No cause of action arises before august 1, 1987 for failure to comply with the requirements of Laws 1984, chapter 651. ffiST: 1984 c 651 s 9 471.998 RMC= TO C SS`I gbdivision 1. Report on. izpl e==tation plan= caatents. Every political subdivision shall report to the co=mmissioner of employee relations by October 1, 1985, on its glen for icPlememtation of sections 471.994 and 471.995. Each report ;hail include: (1) the title of each job class which the political subdivision has established; (2) the following information for each class as of July 1, 1984: (a) the number of incrn: bents; (b) the percentage of incumbents who are female: (c) the c=parable work value of the class, as determined under the system chosen wader section 471.994; and (d) the mini=.:.:: and maxi monthly salary for the class; (3) a description of the job evaluation, system used by the_• political subdivision.; and (4) a plan for establishing equitable compensation relationships between fe:. ale - dominated rind male- do -nated classes, including: (a) identifzcation o£ classes for which a compensation inequity exists based on the cnmparabie work value; (b) a timetable for imp lementation of pay equity; and (c) the esticated cost of implementation. Subd. 2. Technical assistance. The commissioner of erployee relations shall, upon request of a political subdivision, provide technical assistance is c0=pletiag the required reports. Subd. 3. Public data. The report required by subdivision i is public data governed by chapter 13. E=: 1954 c 651 s 10; 1994 c 512 s b 471.9981 COUMIES AND CITIES; PAY F.UUITY COMPT-I&SM Subdivision 1. 1988 report. A home rule charter or statutory city or county, referred to in this section as a "gover=ental subdivision,' that employs ten or more people and that did not submit a report according to section 471.998, shall submit the report by October 1, 1988, to the commissioner of employee relations. The piza for - implementing equitable compensation for the employees dust provide for complete implementation not later than December 31, 1991, unless a later date has been approved b <- the co =issioner. E° a report was filed before October 1, 1981 and had an implementation date after December 31, 1991, the date in the report shall be approved by the commissioner. The plan H -4 reed not contain a casket studv. Subd. 2. Repealed _990 c 512 s 13 Subd. 3. Repealed, 1990 c 512 s 13 Subd. 4. Repealed, 1990 c 512 s 13 Subd. S. Repealed, 1990 c Sit s 13 Subd. Sa. Tzplem=mt inn r ort. By January 31. 1992, each politi s„bdivision 'shall submit to the commissioner an implementation report that includes the following information as of December 31, 1991: (1) a list of all job classes in the political subdivision: (2) the number of employees in each class; (3) the num er of female employees in each class; (4) an identification of each class as male - dominated, female- dominated, or balanced as defined in section 471.991; (5) the comparable work value of each class as determined by the job evaluation "ed by the subdivision in accordance with section 47- 1_994; (6) the minirum and cax iaum salary for each class, if salary ranges have been established, and the amount of time in employment required to qualify for the maximum; (7) any additional cash co:*ensation, such as bonuses or lump -sum payments, paid to the members of a class; and (8) any other infor -motion requested by the commissioner. If a subdivision fails to submit a report, the commissioner shall find the subdivision not in compliance with subdivision 6 and shall irspose the penalty prescribed by that subdivision. Subd. Sb. Public data_ The implementation report required by subdivision Sa is public data governed by chapter 13. Subd. 6. ty for fa =12mPn�An- (a) ^ The commissioner of a ioyee relations shall review the implementation re rt srbaitted by a 5 ove�eatal subdivision to mP Po determine Whether the subdivision + has established editable con ensatian relationships as re b section 471.992, P r � v subdivision 1, by Decker 31, 1991, or the later date approved by the commissioner_ The commissioner shall notify a subdivision found to hale achieved compliance with section 471.992, subdivision 1. (b) If the ==issiorer finds that the subdivision is not in compliance based on the information contained in the implementation report required by section 471.9981, subdivision Sa, the commissioner shall notify the subdivision of the basis for the finding. The notice must include a detailed description of the basis for the finding, specific recommended actions to achieve compliance, and an estimated cost of compliance. If the subdivision disagrees with the finding, it shall notify the commissioner, who shall provide a specified time period in which to submit additional evidence in support of its claim that it Is is compliance. The commissioner shall consider at least the following additional information in reconsidering whether the subdivision is in compliance: K - (1) recruitment difficulties: (2) retention difficulties; (3) recent arbitratica awards that are inconsistent With equitable compensation relationships; and (4) ia_c =tion that can demonstrate a good -faith effort to achieve compliance and continued progress toward compliance, including any constraints the subdivision faces. Me subdivision shall also present a plan for achieving compliance and a date for additional review by the commissioner. (c) it the subdivision does not cake the changes to achieve coap� lian wit a a reasonable time set by the cc=issionerr the commissioner shall notify the subdivision and the commissioner of revenue that the subdivision is subject to a five a at reduction is the aid that Would otherwise be vable to that governseatas subdiva ion un er section 124A.23, 273.1398, or sections 477A.011 to 477A_014, or to a fine of S100 a day, whichever is greatest_ The commissioner of revenue shall enforce the penalty beginning is calenda_ year 1992 or in the first calendar year beginning after the Hate for' implementation' o f the plan of a governmental su bdivision: for which the co =issioaer of employee relations has approved an implementation date later than December 31, 1991. Eowever, the com issiomer of revenue Way not enforce a penalty until after the end of t »e first regular legislative session after a report listing the subdivision as mot in compliance has been submitted to the legislature under section 471.999_ The penalty remains in effect until the subdivision achieves- .=%zoliance. The commissiczes of employee relations may suspend the penalty upon making a !finding that the failure to implement was attributable to cfircrmsta.nces beyond the control of - the governmental r i or.tba.. noncompliance re sults stibdivisicm o_ to severe hard mp dominati the e sex of the members o from fae,e_s unrelated to t.. 8 a substantial classes and tha.. the subdivision. is akin s affected c_a g steps to achieve compliance to the extent. possible. subd. 7. Appeal. A governmental subdLivisioR may appeal the imposition of a penalty under subdivision 6 by filing a notice of. appeal with the commissioner of employee relations within 30 days of the cccmissioner`s notification to the subdivision of the penalty. An appeal dust be heard as a contested case under sections 14.57 to 14.62_ No penalty may be imposed while an appeal is pending. FIST: 19EE c 702 s 15; 1990 c 512 s 7 -10 471.999 P TO LEGISLA ME_ The co =issioner of employee relations shall report to the legislat =_e by January 1 of each year on the status of compliance with section 471.992, subdivision 1, by governmental subdivisions. The report must include a list of the political subdivisions 1 n compliance with section 471.992, subdivision 1, H -6 and the esti=ated cost c. compliance. =he report Must also include a list of poiit'_cal subdivisions found by the co=issioner to be not fa compliance, the basis for that finding, recommended cl— Ses to achieve compliance, esti =aced cost of compliance, aad recommended penalties, if any. The commissioner's report =ast include a list of subdivisions that did not ccaply with the reporting recuire=ents of this section.. The commissioner ray request, and a subdivision shall provide, any additional infozr=aticn needed for the preparation of a report under this subdivision. HIST= 1984 c 651 s 11; 1990 c 512 s 11 H -7 "DISABILITY" moans any condition orcharactoris- WHAT CAN the y , tic that rondors a person a disabled parson. A disabled BE dCNE� person is tiny person who ( 1) has a physical or montal m � , Irnpalrrnont which substantlally limits one or more A' parson who oxperiortces discrimination as de- Minnesota major life activities; (2) has o record of such an impair- fined by the Minnesota 11unian Rights Act Sl p may con- • mont; or (3) is rogardod as Ilavin such an Impair. �r tact t ' rnont, t ha department and Ella a discrimination charge. human r i g hts act The charge Is thoroughly investigated. if the invosti- gotor's findings support the charge, action is taken to RIGHTS O F THE EMPLOYER stop the discriminatory act and to provide relief for as it annfies to the poraon who has sufferod the discrimination. An employer can look for Information which will de- tormino whether a person can safely and officlontly In an ©mploymont discrimination case, relief may porforrn the dutios of the position for which he or she include the hiring, reinstatement or upgrading of a applies. Berson, admission or restoration to mumbor11hlp in a labor organization and admission to or participation En This may Include ro 6hIn or requesting a an apprenticeship trainin P rogram, on- the - ob Y q g q U parson to Q p g , J train- undergo o physical examination, which may Include a Ing program, orothor rotraining program. Relief could modical histor v d - auo include com >onsntor dam a E m pl oyment ry, i r i od f0) that on offer of ampioy i I Y n Uus, punitive danr niont has boon made on the condition that tho person ages and damagos for mental pain and suffering, moots tho physical or mental requirements of the job; (b) that the examination tests only for essential job- Violators of the law will be assossod a civil penalty related abilities; and ( that the examination, unless payable to the State of Minnesota. limited to determining whether the porson'a disability would prevent performance of the job, Is required of all persons conditionally offered employment for the sarno position, regardless of disability. REPRISAL Any person who 111011 a charge of discrimina(ion, Pro- amployrnont tests may be administered, pro- vldod that the torts (a) measure only essential job•ro toetiflos, assists, or particlpntos In any way in an In- vestlgation, hearing, or any other proceeding con- laced abilities, (b) are required of all applicants for the dusted by the Minnesota Department of Human same position regardless of disability unless limited to Rights Is Protected b law against r determining whothor the person's disability would g B Y g ro p lsol b Y a f tii pr0vant por(ormanco of the Job, and (o) accurately Son, omployor, labor organization, or employment � rn000uro the 0ppllcont's 0ptltuda, achievement level, agency. or whatever factors they purport to measure rather than rafIoctIng ti a applicant's Im1) airod sensory, won- POn FURTI1EF1 INF011MATION u" r spooking skills, 0xcupt when those skills ato tllo e factors that the tests purport to monsuro. Call or writo ho omployor may, with the consent of tho empi6yoo, MINNESOTA DEPARTME:N obtain additional madicol Information for the purpose OF of ostablishing on omployco health rocord. HUMAN RIGHTS 600 Bremer Tower The MINNESOTA DEPARTMENT OF HUMAN 7th Placo & Mlnnosota Street RIGHTS was established to identify and elfmi- St. Paul, Mlnnosota 65101 nate unlawful discriminatlon in ernploymont. This brochure outlines employment rights guar- (6121296 anteed all Minnesotans undor the Human Rights ('Ibllfroo) 1- 00- 662 -D747 Act. 'THE LAIN fb) ,to comply with a request from an employer EXCEPTIONS TO THE LAW for roforral of applicants for omploymont if 3133.03 UNFAIR DISCfIIMINATnRY PRACTICES for request indicates directly or Indirectly The law does not apply to: that the employer falls to comply with the (a) Indivldunls employed by a parent, grandparont, Subdivision 1. Employment. Except whon based on provisiona of this chapter, spouse, child or grandchild; u bona fide occupational qualification, It is an unfair (b) lndlviduals employed In domestic sorvice of uny omploymont practice: (a) For an employer, omploymont agency, or labor person; or organlzatlon, before a person is employed by an (c) religious or fraternal organizations which requlro O f For a labor organization, because of race, color, employer or admitted to momborohip In a labor that amployoos be of a specific rellglon, when religion crood, religion, national origin, sox, marital sta- organization, to Is a bona fide occupational qualification for omploy- tus, status with regard to public assistance, (oi requlro the person to furnish Information Mont. disability, or age, that pertalns to race, color, creed, religion, In) to deny full and equal membership rights to national origin, sox, marital status, status DEFINITIONS a person © p tan soaking memborshlp or to a mom- with regard to public assistance or d(sabil- b or• it unless r i Y, , f o r t purpose of national so- As defined In the Human Rights Act; (b) to expel a member from rnomboralllp; curlty, lnformutlon pertaining to national (c) to discriminate against a person seeking orlgln Is required by the United States, this "EMPLOYER" moans a parson who has on© or membership or a member with respect to State, or political subdivision or agency of more employees. his hire, apprenticeship, tenure, compon- the United States er (1118 state, or for tho sotlon, terms, upgrading, conditions, facll- purpoao of cornpilunco with the public con- "EMPLOYMENT AGENCY" means a ponson or por- Itlos; or prlvilogon of employment; or tracta not or any Fula, regulation or laws of sons who, or an agency which regularly undortakcs, Idl to fall to classify property, or refer for om- tho United Stotos or of thin state requiring with or without componeation, to procure omployooe ployment or othorwlao to discriminate Information pertaining to race, color, or opportunities for employment, against a person or member. Creed, religion, national origin, sox, marital "LABOR ORGANIZATION" moons any organize status, status with regard to public assist- lion that exists wholly or partly for Qne or more of the (21 Ear an omnlovor � ( r: aause of ra r+ , color, creed once or disability 18 required by the United following ro11 Ion, notional orig-in marital status States or a political subdivision or agency g purposes: stn r, with r21lord to public aseletanco dlsabll- of the United States; or (1) collective bargaining; (b) cauoo to be printed or published a notice or (2) dealing with ompioyere concerning grievances, {a) to refuse to !tire or to maintain o system of advortisorllont that rolotos to omploymont terms or eondltlons of employment; or omploymont which unreasonably oxcludea ormomberalnll ) and discloses apreference, (3) mutual aid or protection of employees, a person soaking omploymont; or limitation, spaciflcatlon, or discrimination (b) to discharge an employee; or based on raco, color, creed, religion, no- "AGE" Insofar as It rofors to any prohibited unfair {c)-- Iu�aUsr thnlrlute aaggJftP�,A� ar with ro• tlonal origin, sox, marital otottla, atatua uniploymont practico shell be doomod to protect only a auot t leis hire, tenure, ootnnensutlon._ with regard to public asslsOnco, disability, those Indivlduola over tho ago of majority. terms, upgrading, conditions, facilities, or or ag °' privileges of employment. "SEX" includes, but Is not limltod to, prognancy, (61 For on ompfoyor, all or"Ploynlont agency or a childbirth, and disabilities refuted to pregnancy or f3) For an employment agency, because of race, labor organization, will► respect to all employ- childbirth. color, crood, rollpfon, notional origin, sox, Mari- Mont related purposes, Including receipt of tal status, status with regard to public assist- benefits under fringe bonofit programs, not to "STATUS WITH REGARD TO PUBLIC ASSISI' once, disability, or ago, treat wornon affoctod by pregnancy, childbirth, ANCE" moans tho conditlon of being a roclpfont cal or disabilities related to prognancy or child- federal, state, or local assistance, Including medical (8) to rofuss or fall to accopt, roglstar, classify birth, the some as other persons who are not so assistance, or of being a tonont receiving fodoral, proporly, or refer for employment or other- affected but who are similar In their ability or In- state or local subsidies, inetuding rental assistance or wise discriminate against a person; or ability to work. rant supplements, PUBLIC EMPLOYMENT LABOR RELATI ACT CHAPTER 179A Extracted from 1989 Minnesota Statutes Printed X . 90 Month Year i Tex Provided Bp r The Office of Revisor of Statutes 7th FIoor, State Office Bufidb*, St. Paul, nN 55155 . Prepared by t Prinit•Con=unications i)ivision • (Minnesota's Bookstore) 117 University'(Ford Bldg_) St. Pant, MN 55155 ' Metro: 612-297-3000, MN Toil Free: 1- 800 -652 -9747 } i ' l Code No_ 2 -90 1 ' 179A.O6 RIBS AND OBLICAMIoffS OF EMp YES_ Subd ;vision 1_ "�— Expression of views. Sections 179A.01 to 179A.25 do not affect the right of any public emplovee or the employee's representative to express Or communicate a view, grievance, complaint, or opinion on anp matter related to the conditions or compensation of public employment or their bettermen - , so long as this is not designed to and does not interfere with the full faithful and proper Performanc of the duties of employment or circumvent the ri ht - � r s r t ive. Sections ? g or t he r _ep_esenta,. e exclusive 79A.01 to 179A.25 do rot recuire any Public employee to perLorm labor or services against the employee's rill. if no-exclusive representative has been certified, any Public employee individually, or group of employees through their representative, has the right to express or communicate a view, grievance, complaint Or i the conditions or cos °piO2 on any matter related to Pens "on of public employment or their I bettetmer1, by meeting with heir ub?' �! employer's representative P is employer or she , so long as this is not designed to 1 and does not interfere with the full, faithful, and pe rformance of the duties of em to Proper Subd_ 2. Right to or p yment. g�ai ze_ Public em to ees. have the right to form and 'pin labor or employee organizations, and have the right not to form and join such organizations, riblic employees in an appropriate have the ri unit ha ni b r to designate an exclusive g y sec_et ballot representative to negotiate grievance procedures and the terms and conditions of employment with their j employer. Confidential employees of the state and t 1 he .S = 9 i , W-1 IIniversity of Minnesota are excluded from bargaining. ath confidential enDlo ees • Y em s principals, and assistant principals _may f4nu their o•„rn OrQaniz An employer shall extend exclusive recognition t a represe ntat ive. - of Or an Organiz ion of su ervisory or confidential emDly ees, OZ principals and assistant principals, for the purpose of necvtiatinc ter conditions o f emplovment, in accordance with ' Sections 179A.o1 to 179A.25, apaiic e o essential employees. Supervisory or conf employee organizations shall not participate in any capacity in anv negotiations which involve units of employees other than su ervisor or c ent2al employees. Except or rganizations which �~ represent supervisors who are: (I) eirefighters, peace officers subject to licensure under sections 626.84 to 62 6.855, guards at correctional facilities, or employees at hospitals other than state hospitals; and (2) not state or University of Minnesota employees, a supervisory or confidential employee organization which is affiliated with another employee orcaanization which is the exclusive representative of nonsupervisory or nonconfidential employees of the same public employer shall no t: be certified, or act as, au exclusive representative for the supervisory or confidential employees. 'ior the purpose of this i subdivision, affiliation Means either direct oz indirect and s' includes affiliation through a federation or joint body of employee organizations. Subd. 3. Fair share fee. An exclusive ; r epresentat i ve i i may require employees who are not members of the exclus" s zve representative to contribute a fair share fee for services tendered by the exclusive representative. The fair share fee L must be'equal to the regular membership dues o; the exclusive f representative, less the cost of benefits financed through the t dues and available only to members of the exclusive representative. In no event may the { z air share fee exceed 85 � Percent of the regular membership 3 p dues. T exclusive - representative shall provide advance written notice of the amount t of the pair share fee to the employer and to unit � employees who will be assessed the gee. The ea ployer shall Provide the exclusive representative with a list o£ all unit employees. _ A challenge by an employee or by a person aggrieved by the fee must be filed in wri � with tth the l0 c the public emp loyer , and the e _ Y exclusive re receipt of the written notice. All challengesnmust0specifyfter those portions of the fee challenged and the reasons for the challenge_ ?he burden of proof relating to the amount of the fair share fee is on the exclusive representative. The commissioner shall hear and decide all issues i_Z these • challenges. ' The employer shall deduct the fee from the earnings of the 10 8542 8543 DEPARTMENT OF HUMAN RIGHTS 363.01 Human Rights CHAPTER 363 IORITY DEPARTMENT OF HUMAN RIGHTS 363.01 Definitions. 363.091 Enforcement. 363.02 Exemptions. 363.101 Unfair discriminatory practice a 363.03 Unfair discriminatory practices. misdemeanor. 363.031 Limitations on waiver. 363.11 Construction. 363.032 Affirmative marketing regulations. 363.114 Jurisdiction of county 363.033 Rental housing priority; accessible commissions. units. 363.115 Referral to local commission. 363.04 Department of human rights. 363.116 Transfer to commissioner. 363.05 Duties of commissioner. 363.117 Withdrawal from a local 363.06 Grievances. commission. 363.061 Access to case files. 363.12 Declaration of policy. 363.071 Hearings. 363.121 Department attorney. 363.072 District court, review orders of 363.13 Citation. panel or examiner. 363.14 Court actions, suits by private 363.073 Certificates of compliance for parties, intervention, district court public contracts. jurisdiction, attorney's fees, and 363.074 Rules for certificates of costs. debt Of the State compliance. 363.15 Notice of appeal to the 363.075 Emergency rules. commissioner. 363.01 DEFINITIONS. Subdivision 1. Terms. For the purposes of this chapter, the words defined in this section have the meanings ascribed to them. Subd. 2. [Repealed, 1965 c 586 s 6] Subd. 3. Age. The prohibition against unfair employment or education practices based on age prohibits using a person's age as a basis for a decision if the person is over the age of majority except for section 363.03, subdivision 5, which shall be deemed to protect any individual over the age of 25 years. Subd. 4. Board. "Board" means the state board of human rights. Subd. 5. Business. The term "business" includes any partnership, association, cor- poration, legal representative, trustee, trustee in bankruptcy, or receiver, but excludes the state and its departments, agencies, and political subdivisions. Subd. 6. Charging party. "Charging party" means a person filing a charge with the commissioner or the commissioner's designated agent pursuant to section 363.06, sub- division 1. Subd. 7. Closed case file. "Closed case file" means a file containing human rights investigative data in which an order or other decision resolving the alleged or suspected discrimination has been made or issued by the commissioner, a hearing officer, or a j ! court, and the time for any reconsideration of or appeal from the order or decision has expired. Subd. 8. Commissioner. "Commissioner" means the commissioner of human rights. Subd. 9. Complainant. "Complainant" means the commissioner of human rights after issuing a complaint pursuant to section 363.06. Subd. 10. Confidential, private, and public data on individuals and protected non- public data not on individuals. "Confidential," "private," "public data on individuals," "protected nonpublic data not on individuals," and any other terms concerning the availability of human rights investigative data have the meanings given them by section 13.02 of the Minnesota government data practices act. Subd. 11. [Repealed, 1967 c 897 s 29] Subd. 12. Department. "Department" means the department of human rights. 363.01 DEPARTMENT OF HUMAN RIGHTS 8544 Subd. 13. Disability. "Disability" means any condition or characteristic that ren- ders a person a disabled person. A disabled person is any person who (1) has a physical, sensory, or mental impairment which materially limits one or more major life activi- ties; (2) has a record of such an impairment; or (3) is regarded as having such an impair- ment. Subd. 14. Discriminate. The term "discriminate" includes segregate or separate and, for purposes of discrimination based on sex, it includes sexual harassment. Subd. 15. Educational institutions. "Educational institution" means a public or private institution and includes an academy, college, elementary or secondary school, extension course, kindergarten, nursery, school system and a business, nursing, profes- sional, secretarial, technical, vocational school; and includes an agent of an educational institution. Subd. 16. Employee. "Employee" means an individual who is employed by an employer and who resides or works in this state. Employee includes a commission sales- person, as defined in section 181.145, who resides or works in this state. Subd. 17. Employer. "Employer" means a person who has one or more employees. Subd. 18. Employment agency. "Employment agency" means a person or persons who, or an agency which regularly undertakes, with or without compensation, to pro- cure employees or opportunities for employment. Subd. 19. Familial status. "Familial status" means the condition of one or more minors being domiciled with (a) their parent or parents or the minor's legal guardian or (b) the designee of the parent or parents or guardian with the written permission of the parent or parents or guardian. The protections afforded against discrimination on the basis of family status apply to any person who is pregnant or is in the process of securing legal custody of an individual who has not attained the age of majority. Subd. 20. Hearing examiners. "Hearing examiners" are persons admitted to prac- tice law who are selected by the commissioner to conduct hearings. Subd. 21. Human rights investigative data. "Human rights investigative data" means written documents issued or gathered by the department for the purpose of investigating and prosecuting alleged or suspected discrimination. Subd. 22. Labor organization. "Labor organization" means any organization that exists wholly or partly for one or more of the following purposes: (1) Collective bargaining; (2) Dealing with employers concerning grievances, terms or conditions of employ- ment; or (3) Mutual aid or protection of employees. 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, or familial status. Subd. 24. Marital status. "Marital status" means whether a person is single, mar- ried, remarried, divorced, separated, or a surviving spouse and, in employment cases, includes protection against discrimination on the basis of the identity, situation, actions, or beliefs of a spouse or former spouse. Subd. 25. National origin. "National origin" means the place of birth of an individ- ual or of any of the individual's lineal ancestors. Subd. 26. Open case file. "Open case file" means a file containing human rights investigative data in which no order or other decision resolving the alleged or suspected discrimination has been made or issued by the commissioner, a hearing officer, or a court, or a file in which an order or other decision has been issued but the time for any reconsideration or appeal of the order or decision has either not yet expired or the reconsideration or appeal is then pending. Subd. 27. Party in interest. "Party in interest" means the complainant, respondent, commissioner or board member. I 8544 8545 DEPARTMENT OF HUMAN RIGHTS 363.01 aracteristic that ren- Subd. 28. Person. "Person" includes partnership, association, corporation, legal m (1) has a physical, representative, trustee, trustee in bankruptcy, receiver, and the state and its depart - ,re major life activi- ments, agencies, and political subdivisions. ving such an impair - Subd. 29. Physical access. "Physical access" means (1) the absence of physical :gregate or separate obstacles that limit a disabled person's opportunity for full and equal use of or benefit al harassment. from goods, services, and privileges; or, when necessary, (2) the use of methods to over - means a public or come the discriminatory effect of physical obstacles. The methods may include redesign r secondary school, of equipment, assignment of aides, or use of alternate accessible locations. ess, nursing, profes- Subd. 30. [Repealed, 1989 c 280 s 22] at of an educational Subd. 31. Program access. "Program access" means (1) the use of auxiliary aids or services to ensure full and equal use of or benefit from goods, services, and privileges; is employed by an and (2) the absence of criteria or methods of administration that directly, indirectly, a commission sales- or through contractual or other arrangements, have the effect of subjecting qualified dis- c state. abled persons to discrimination on the basis of disability, or have the effect of defeating :)r more employees. or impairing the accomplishment of the objectives of the program. i person or persons Subd. 32. [Repealed, 1989 c 280 s 221 apensation, to pro- Subd. 33. Public accommodations. "Place of public accommodation" means a business, accommodation, refreshment, entertainment, recreation, or transportation '.on of one or more facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, _or's legal guardian advantages or accommodations are extended, offered, sold, or otherwise made avail - j tten permission of able to the public. discrimination on Subd. 34. Public services. "Public service" means any public facility, department, s in the process of agency, board or commission, owned, operated or managed by or on behalf of the state e Awority. of Minnesota, or any subdivision thereof, including any county, city, town, township, aed to prac- or independent district in the state. Subd. 35. Qualified disabled person. "Qualified disabled person" means: avestigative data" (1) with respect to employment, a disabled person who, with reasonable accom- or the purpose of modation, can perform the essential functions required of all applicants for the job in question; and organization that (2) with respect to services and programs, a disabled person who, with physical and program access, meets the essential eligibility criteria required of all applicants for the program or service in question. ditions of employ- For the purposes of this subdivision, "disability" excludes any condition resulting from alcohol or drug abuse which prevents a person from performing the essential func- tions of the job in question or constitutes a direct threat to property or the safety of oth- agency of a city, ers. ;ounty board, city If a respondent contends that the person is not a qualified disabled person, the bur - imination on the den is on the respondent to prove that it was reasonable to conclude the disabled per- ry, marital status, son, 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. on is single, mar- Subd. 36. Real estate broker or salesperson. "Real estate broker or salesperson" nployment cases, means, respectively, a real estate broker as defined by section 82.17, subdivision 4, and entity, situation, a real estate salesperson as defined by section 82.17, subdivision 5. Subd. 37. Real property. "Real property" includes real estate, lands, tenements, 'rth of an individ- and hereditaments, corporeal and incorporeal. ng human rights Subd. 38. Religious or denominational educational institutions. "Religious or -ged or suspected denominational educational institution" means an educational institution which is ring officer, or a operated, supervised, controlled or sustained primarily by a religious or denomina- the time for any tional organization, or is one which is stated by the parent church body to be and is, t e • ed or the in fact, officially related to that church by being represented on the board of the institu- tion, and by providing substantial financial assistance and which has certified, in writ- ing, to the board that it is a religious or denominational educational institution. an , pondent, Subd. 39. Respondent. "Respondent" means a person against whom a complaint has been filed or issued. 363.01 DEPARTMENT OF HUMAN RIGHTS 8546 8547 Subd. 40. Sex. "Sex" includes, but is not limited to, pregnancy, childbirth, and dis- servic abilities related to pregnancy or childbirth. establ Subd. 41. Sexual harassment. "Sexual harassment" includes unwelcome sexual (' advances, requests for sexual favors, sexually motivated physical contact or other ver- valid: bal or physical conduct or communication of a sexual nature when: of as (1) submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment, public accommodations or or lat public services, education, or housing; (2) submission to or rejection of that conduct or communication by an individual inclu+ is used as a factor in decisions affecting that individual's employment, public accom- form modations or public services, education, or housing; or (3) that conduct or communication has the purpose or effect of substantially inter- the p fering with an individual's employment, public accommodations or public services, filling education, or housing, or creating an intimidating, hostile, or offensive employment, an at public accommodations, public services, educational, or housing environment; and in that t the case of employment, the employer knows or should know of the existence of the of pe harassment and fails to take timely and appropriate action. lawfi Subd. 42. Status with regard to public assistance. "Status with regard to public i assistance" means the condition of being a recipient of federal, state or local assistance, ; including medical assistance, or of being a tenant receiving federal, state or local subsi- requ dies, including rental assistance or rent supplements. less c Subd. 43. Unfair discriminatory practices. "Unfair discriminatory practice" means any act described in section 363.03. ddi History: 1955 c 516 s 3; 1961 c 428 s 1 -3; 1967 c 897 s 1 -9; 1969 c 975 s 1,2; 1973 lW orm c 123 art 5 s 7; 1973 c 729 s 1; 1976 c 2 s 130; 1977 c 351 s 1; 1977 c 408 s 1; 1980 c 531 state s 1,2; 1982 c 492 s 1; 1982 c 619 s 2,3; 1983 c 276 s 1 -4; ISp1985 c 13 s 320 -324; 1986 emp c 444; 1987 c 23 s 1; 1987 c 282 s 2; 1988 c 660 s 1; 1989 c 280 s 1 -3; 1989 c 329 art 9 unde s 26; 1989 c 335 art 1 s 243; 1990 c 567 s 1,10 ness NOTE: Subdivision 32 was also amended by Laws 1989, chapter 144, article 2, section 8, and chapter 356, section eSSe; 18, to read as follows: "Subd. 32. Cooperative apartment corporation. "Cooperative apartment corporation" means a corporation or associa- rega tion organized under chapter 308A or 317, the shareholders or members of which are entitled, solely by reason of their owner- mea ship of stock or membership certificates in the corporation or association, to occupy one or more residential units in a to n' building owned or leased by the corporation or association." skill 363.02 EXEMPTIONS. Subdivision 1. Employment. The provisions of section 363.03, subdivision 1, shall to t' unal not apply to: (1) The employment of any individual whi, (a) by the individual's parent, grandparent, spouse, child, or grandchild, or mee (b) in the domestic service of any person; (2) A religious or fraternal corporation, association, or society, with respect to app qualifications based on religion, when religion shall be a bona fide occupational qualifi- cation for employment; zati (3) The employment of one person in place of another, standing by itself, shall not be evidence of an unfair discriminatory practice; a rc (4) The operation of a bona fide seniority system which mandates differences in tior such things as wages, hiring priorities, layoff priorities, vacation credit, and job assign- as F ments based on seniority, so long as the operation of the system is not a subterfuge to of f evade the provisions of this chapter; wa (5) With respect to age discrimination, a practice by which a labor organization wh or employer offers or supplies varying insurance benefits or other fringe benefits to or 1 members or employees of differing ages, so long as the cost to the labor organization ity or employer for the benefits is reasonably equivalent for all members or employees; tin( er, ordinance, or civil obi (6) A restriction imposed by state statute, home rule chart 8546 8547 DEPARTMENT OF HUMAN RIGHTS 363.02 y, childbirth, and dis- 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. unwelcome sexual (7) Nothing in this chapter concerning age discrimination shall be construed to contact or other ver- ;en: 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. a term or condition, (8) It is not an unfair employment practice for an employer, employment agency, accommodations or or labor organization: .ion by an individual (i) to require or request a person to undergo physical examination, which may :Went, public accom- include a medical history, for the purpose of determining the person's capability to per- form available employment, provided f substantially inter- (a) that an offer of employment has been made on condition that the person meets or public services, the physical or mental requirements of the job, except that a law enforcement agency cnsive employment, filling a peace officer position or part-time peace officer position may require or request , nvironment; and in an applicant to undergo psychological evaluation before a job offer is made provided the existence of the 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; th regard to public or local assistance, (b) that the examination tests only for essential job - related abilities; and state or local Lance, (c) that the examination except for examinations authorized under chapter 176 is j required of all persons conditionally offered employment for the same position regard - less of disability; or �ry practice" means (ii) with the consent of the employee, after employment has commenced, to obtain additional medical information for the purposes of assessing continuing ability to per - ?9 s 1,2; 1973 form the job or employee health insurance eligibility; for purposes mandated by local, 4 1980 c 531 state, or federal law; for purposes of assessing the need to reasonably accommodate an 13 s 320 -324; 1986 employee or obtaining information to determine eligibility for the second injury fund -3; 1989 c 329 art 9 under chapter 176; or pursuant to sections 181.950 to 181.957; or other legitimate busi- ness reason not otherwise prohibited by law; j i, and chapter 356 section (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 is a corporation or associa- regardless of disability except for tests authorized under chapter 176, and (c) accurately !y by reason oftheirowner- 7ore residential units in a 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 ubdivision 1, shall (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 i unable to work; or (v) to provide special safety considerations for pregnant women involved in tasks 'andchild, or which are potentially hazardous to the health of the unborn child, as determined by medical criteria. 7, with respect to Subd. 2. Housing. (1) The provisions of section 363.03, subdivision 2, shall not 'upational qualifi- apply to: (a) rooms in a temporary or permanent residence home run by a nonprofit organi- by itself, shall not zation, if the discrimination is by sex; or (b) the rental by a resident owner or occupier of a one - family accommodation of tes differences in a room or rooms in the accommodation to another person or persons if the discrimina- t, and job assign- tion is by sex, marital status, status with regard to public assistance or disability. Except It a subterfuge to 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 bor organization way, or exercise a higher degree of care for a person having a disability than for a person I enefits to who does not have a disability; nor shall this chapter be construed to relieve any person boMnization or persons of any obligations generally imposed on all persons regardless of any disabil- o ployees; ity in a written lease, rental agreement, or contract of purchase or sale, or to forbid dis- ;finance, or civil tinctions based on the inability to fulfill the terms and conditions, including financial obligations of the lease, agreement, or contract. IL 363.02 DEPARTMENT OF HUMAN RIGHTS 8548 854 (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, av: state, or federal restrictions regarding the maximum number of occupants permitted 29, to occupy a dwelling unit and shall not apply to: sec (a) any owner occupied building containing four or fewer dwelling units; or (b) housing for elderly persons. "Housing for elderly persons" means housing: rel (i) provided under any state or federal program that the commissioner determines sin is specifically designed and operated to assist elderly persons, as defined in the state or federal program; grz (ii) intended for and solely occupied b r in t Y p Y persons sons 62 ears of age or older; or Y g , (iii) intended and operated for occupancy by at least one person 55 years of age col or older per unit, provided that: pe: (A) there are significant facilities and services specifically designed to meet the evt physical or social needs of older persons, or if the provision of these facilities and ser- cla vices is not practicable, that the housing is necessary to provide important housing Th opportunities for older persons; (B) at least 80 percent of the units are occupied by at least one person 55 years of mz age or older per unit; and ter. (C) there is publication of, and adherence to, policies and procedures that demon- err: strate an intent by the owner or manager to provide housing for persons 55 years of age the or older. eve Housing does not fail to meet the requirements for housing for elderly persons by em em reason of persons residing in the housing as of August 1, 1989, who do not meet the hit age requirements of clauses (b)(ii) and (b)(iii) if new occupants of the housing meet the sot age requirements of clause (b)(ii) or (b)(iii). In addition, housing does not fail to meet or 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). riO Subd. 2a. Manufactured home parks. A park owner must comply with section sut 327C.02, subdivision 2, 327C.05, or 327C.07, subdivision 4, when adopting or amend- ing a rule concerning the permitted familial status of residents or of buyers of homes prc offered for in park sale. Subd. 2b. Eviction due to familial status. The provisions of section 363.03, subdivi- 72 -` sion 2, prohibiting discrimination because of familial status, do not apply to eviction c 6 from, or denial of continuing tenancy in, dwelling units exempt under this section, pro- art vided that (1) one year has elapsed from the commencement of the familial status and 19t (2) six months prior written notice has been given to the tenant, unless the eviction or 56; denial of continuing tenancy is for nonpayment of rent, damage to the premises, distur- bance of other tenants, or other breach of the lease. Subd. 3. Education. (a) It is not an unfair discriminatory practice for a religious 362 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 fica 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 sex 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. to (b) Notwithstanding any other provisions of this chapter or any law to the con - trary, it is not an unfair discriminatory practice for an educational institution or a pub - lic service to operate or sponsor separate athletic teams and activities for members of to each sex or to restrict membership -on an athletic team to participants of one sex, if this ties separation or restriction meets the requirements of section 126.21. (c) The department of human rights shall investigate all charges alleging sex dis- nat crimination in athletic programs in educational institutions and public services pursu- ant to the standards and requirements of section 126.21 and the procedures ma enumerated in this chapter. cor 8548 8549 DEPARTMENT OF HUMAN RIGHTS 363.03 discrimination (d) Nothing in this chapter restricts or limits the rights, procedures, and remedies ility of any local, available under section 504 of the Rehabilitation Act of 1973, United States Code, title ;pants permitted 29, section 794, or the Education of the Handicapped Act, United States Code, title 20, sections 1401 and following. ng units; or Subd. 4. Public accommodations. The provisions of section 363.03, subdivision 3, eans housing: relating to sex, shall not apply to such facilities as restrooms, locker rooms, and other toner determines similar places. ,d in the state or Subd. 5. Disability. Nothing in this chapter shall be construed to prohibit any pro- gram, service, facility, or privilege afforded to a person with a disability which is or older; or intended to habilitate, rehabilitate, or accommodate that person. It is a defense to a 1 55 years of age 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 ned to meet the even with reasonable accommodation, as defined in section 363.03, subdivision 1, acilities and ser- clause (6), poses a serious threat to the health or safety of the disabled person or others. portant housing The burden of proving this defense is upon the respondent. Subd. 6. Age. By law or published retirement policy, a mandatory retirement age rson 55 years of may be established without being a violation of this chapter if it is established consis- tent 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 ores that demon- is 55 years of age ther employees, provided that in no the age of 65 at a lesser rate than is granted to o event may an employees accumulated pension credits be reduced by continued .derjij&ersons by employment, and further provided that no other state or federal law is violated by the eet the reduced rate of pension credit accrual. Nothing in this chapter shall be construed to pro - d eet the hibit the establishment of differential privileges, benefits, services, or facilities for per - :lo not fail to meet sons of designated ages if (a) such differential treatment is provided pursuant to statute, are reserved for 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. i) or (b)(iii). Subd. 7. Summer youth employment program. The provisions of section 363.03, ply with section subdivision 1, with regard to age shall not apply to the state summer youth employment 3pting or amend- program administered by the commissioner of jobs and training. buyers of homes ' History: 1955 c 516 s 4; 1961 c 428 s 4; 1965 c 584 s 1; 1967 c 897 s 10,11; 1973 c 363.03, subdivi- 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 apply to eviction 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 this section, pro- art 2 s 16; 1983 c 276 s 5,6; 1983 c 301 s 198; 1984 c 608 s 3; ISp1985 c 14 art 9 s 75; milial status and 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 is the eviction or 567 s 2 premises, distur- NOTE: See also section 471.997. ve for a religious 363.03 UNFAIR DISCRIMINATORY PRACTICES. applicants of the Subdivision 1. Employment. Except when based on a bona fide occupational quali- to sex, shall not fication, it is an unfair employment practice: vate educational (1) For a labor organization, because of race, color, creed, religion, national origin, Nothing in this sex, marital status, status with regard to public assistance, disability, or age, qualifications or formation which (a) to deny full and equal membership rights to a person seeking membership or to a member; law to the con- (b) to expel a member from membership; itution or a pub- (c) to discriminate against a person seeking membership or a member with respect for members of to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facili- of one sex, if this ties, or privileges of employment; or (d) to fail to classify properly, or refer for employment or otherwise to discrimi- ale sex dis- nate against a person or member. c services pursu- (2) For an employer, because of race, color, creed, religion, national origin, sex, the procedures marital status, status with regard to public assistance, membership or activity in a local commission, disability, or age, I 0 363.03 DEPARTMENT OF HUMAN RIGHTS 8550 8551 (a) to refuse to hire or to maintain a system of employment which unreasonably agency, excludes a person seeking employment; or undue h (b) to discharge an employee; or tion" me (c) to discriminate against a person with respect to hiring, tenure, compensation, limitatic terms, upgrading, conditions, facilities, or privileges of employment. but is nc ble to a: (3) For an employment agency, because of race, color, creed, religion, national ori- ules, ac( gin, sex, marital status, status with regard to public assistance, disability, or age, on a ter (a) to refuse or fail to accept, register, classify properly, or refer for employment In c or otherwise to discriminate against a person; or the ope (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 employ comply with the provisions of this chapter. (b) (4) For an employer, employment agency, or labor organization, before a person force, a is employed by an employer or admitted to membership in a labor organization, to (c) (a) require or request the person to furnish information that pertains to race, color, (d, creed, religion, national origin, sex, marital status, status with regard to public assis- tance, disability, or age; or, subject to section 363.02, subdivision 1, to require or and request a person to undergo physical examination; unless for the sole and exclusive pur- (e pose of national security, information pertaining to national origin is required by the native: United States, this state or a political subdivision or agency of the United States or this abled state, or for the sole and exclusive purpose of compliance with the public contracts act A or any rule, regulation, or laws of the United States or of this state requiring the infor- Oforr t is mation or examination. A law enforcement agency may, after notifying an applicant S, 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 applic date of birth, gender, and race on a separate form for the sole and exclusive purpose withir of conducting a criminal history check, a driver's license check, and fingerprint criminal S history inquiry. The form shall include a statement indicating why the data is being col- lected 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 per- haw. son who is involved in selecting the person or persons employed other than the back- ground investigator. No person may act both as background investigator and be or gr< involved in the selection of an employee except that the background investigator's origin report about background may be used in that selection as long as no direct or indirect statu 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 creec source that pertains to the person's race, color, creed, religion, national origin, sex, mar- tancc ital status, status with regard to public assistance, disability, or age, unless for the sole rentz and exclusive purpose of compliance with the public contracts act or any rule, regula- tion tion, or laws of the United States or of this state requiring the information; or adol (c) cause to be printed or published a notice or advertisement that relates to real employment or membership and discloses a preference, limitation, specification, or dis- crimination based on race, color, creed, religion, national origin, sex, marital status, sta- to b tus with regard to public assistance, disability, or age. cati Any individual who is required to provide information that is prohibited by this in c subdivision is an aggrieved party under section 363.06. exp (5) For an employer, an employment agency, or a labor organization, with respect race to all employment related purposes, including receipt of benefits under fringe benefit lic programs, not to treat women affected by pregnancy, childbirth, or disabilities related spe to pregnancy or childbirth, the same as other persons who are not so affected but who pro pla are similar in their ability or inability to work, including a duty to make reasonable accommodations as provided by paragraph (6). 0 prc (6) For an employer with 50 or more permanent, full -time employees, an employ- ment 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, ert I DEPARTMENT OF HUMAN RIGHTS 363.03 8550 8551 mreasonably agency, or organization can demonstrate that the accommodation would impose an undue hardship on the business, agency, or organization. "Reasonable accommoda- tion" means steps which must be taken to accommodate the known physical or mental limitations of a qualified disabled person. "Reasonable ui ea)making fact ti s readily accessi mpensatlon, I. but is not limited to, nor does it necessarily (b) job restructuring, modified work sched- ble to and usable by disabled per or devices, and the provision of aides national ori- sons; and (b) j ules, acquisition or modification of equipment or age, on a temporary or periodic basis. rY ose an undue hardship on P employment In determining whether an accommodation would imp the operation of a business or organization, factors to be considered in 3plicants for (a) the overall size of the business or organization with respect to number of _.oyer fails to employees or members and the number and type of facilities; re (b) the type of the operatios he location where the employment w of oc ur n 'ore a person force, and the number of employees at Zization, to o race, color, (c) the nature and cost of the needed accommodation; (d) the reasonable ability to finance the accommodation at each site of business; Public assis- -o require or and xclusive pur- (e) documented good faith efforts to explore less restrictive t less expensive alter - uired by the natives, including consultation with the disabled person or with knowledgeable dis- States or this abled persons or organizations. j applicant P ay for an accommo dation contracts act A prospective employer need not fora ob app .ng the infor- if it is available from an alternative source without cost to the employer or applicant. an 'cant Subd. la. Disclosure of medical information. If any health care records or medical m ency information adversely affects any hiring, firing, or promotional decision concerning an e applicants applicant or employee, the employer must notify the affected party of that information sive purpose within ten days of the final decision. rint criminal Subd. 2. Real property. It is an unfair discriminatory practice: i s is being col - (1) For an owner, lessee, sublessee, assignee, or managing agent of, or other person ;irth, gender, le to any per- having the right to sell, rent or lease any real property, or any agent of any of these: : :an the back- (a) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person ator and be or group of persons any real property because of race, color, creed, religion, national nvestigator's origin, sex, marital status, status with regard to public assistance, disability, or familial ;t or indirect status; or (b) to discriminate against any person or group of persons because of race, color, ion from any creed, religion, national origin, sex, marital status, status with regard to public assis- in, sex, mar- tance, disability, or familial status in the terms, conditions or privileges of the sale, s for the sole rental or lease of any real property or in the furnishing of facilities or services in - rule, regula- tion therewith, except that nothing in this clause shall be construed to prohibit bit the on; or adoption of reasonable rules intended to protect the safety of minors in their use of the _at relates to real property or any facilities or services furnished in connection therewith; circulate post or cause ation, or dis- (c) in any transaction involving real property, print, at status, sta- to be printed, circulated, or posted any advertisement or sign, or use any form of appli- cation for the purchase, rental or lease of real property, or make any record or inquiry which bited by this in connection with the prospective purchase, rental, or lease of real property expresses, directly or indirectly, any limitation, specification, or discrimination as to with respect race, color, creed, o familial statussor intent nt to status, make any with such limitation, 'Tinge benefit lic assistance, disability, or fam to .lities related specification, the advertisement of a dwelling u available ble to lshall f the peson yted but who prohibit e able placing the advertisement reasonably believes that the provisions of this subdivision prohibiting discrimination because of familial status do not apply to the dwelling unit. aP loy- (2) For a real estate broker, real estate salesperson, or employee, or agent thereof: lation to the (a) to refuse to sell, rent, or lease or to offer for sale, rental, or lease tat, or lease of any real prop - - le employer erty to any person or group of persons or to negotiate for the sale, ren 363.03 DEPARTMENT OF HUMAN RIGHTS 8552 553 any real property to any person or group of persons because of race, color, creed, reli- _ection. gion, national origin, sex, marital status, status with regard to public assistance, disabil- t)ut is liz ity, or familial status or represent that real property is not available for inspection, sale, (6) rental, or lease when in fact it is so available, or otherwise deny or withhold any real exercise property or any facilities of real property to or from any person or group of persons on accot because of race, color, creed, religion, national origin, sex, marital status, status with enjoyme regard to public assistance, disability, or familial status; or Not (b) to discriminate against any person because of race, color, creed, religion, contrary national origin, sex, marital status, status with regard to public assistance, disability, lice base or familial status in the teens conditions or privileges of the sale, rental or lease of real plished i property or in the furnishing of facilities or services in connection therewith; or for a dw (c) to print, circulate, or post or cause to be printed, circulated, or posted any Sub, advertisement or sign, or use any form of application for the purchase, rental, or lease 2, discri- of any real property or make any record or inquiry in connection with the prospective (1) purchase, rental or lease of any real property, which expresses directly or indirectly, any tions of, limitation, specification or discrimination as to race, color, creed, religion, national ori- cations i gin, sex, marital status, status with regard to public assistance, disability, or familial sta- a landloi tus or any intent to make any such limitation, specification, or discrimination except on. the r that nothing in this clause shall be construed to prohibit the advertisement of a dwelling existed t unit as available to adults -only if the person placing the advertisement reasonably (2) believes that the provisions of this subdivision prohibiting discrimination because of familial status do not apply to the dwelling unit. services, ff'o rt ur (3) For a person, bank, banking organization, mortgage company, insurance com- 3) pany, or other financial institution or lender to whom application is made for financial r assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or dwelling maintenance of any real property or any agent or employee thereof. (i) t (a) to discriminate against any person or group of persons because of race, color, by a dis creed, religion, national origin, sex, marital status, status with regard to public assis- tance, disability, or familial status of the person or group of persons or of the prospec- (ii) tive occupants or tenants of the real property in the granting, withholding, extending, ciently ) modifying or renewing, or in the rates, terns, conditions, or privileges of the financial (iii) assistance or in the extension of services in connection therewith; or route in other en , (b) to use any form of application for the financial assistance or make any record to allow or inquiry in connection with applications for the financial assistance which expresses, individu directly or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assis (b) tance, disability, or familial status or any intent to make any such limitation, specifica- ( ` tion, or discrimination; or vators; a (c) to discriminate against any person or group of persons who desire to purchase, (2) lease, acquire, construct, rehabilitate, repair, or maintain real property in a specific (c) urban or rural area or any part thereof solely because of the social, economic, or envi- subdivis ronmental conditions of the area in the granting, withholding, extending, .modifying, requires or renewing, or in the rates, terms, conditions, or privileges of the financial assistance sons gre. or in the extension of services in connection therewith. (d) (4) For any real estate broker or real estate salesperson, for the purpose of inducin g vidual A a real property transaction from which the person, the person's firm, or any of its mem- individu bers may benefit financially, all to represent f o Y, P t that a change has occurred or will or may erty o occur i in the composition with P respect to race, creed, color, national origin, Sub sex marital status status with regard d to public g , g p c assistance or disability sabilit of the owners in the block, neighborhood, or area in which the real property is located, ad to repre- t s, ( pri-, sent, directly or indirectly, that this change will or may result in undesirable conse- use quences in the block, neighborhood, or area in which the real property is located, 1 Wmi including but not limited to the lowering of property values, an increase in criminal or zation o antisocial behavior, or a decline in the quality of schools or other public facilities. (2) (5) For a person to deny a totally or partially blind, physically handicapped, or to the k deaf person with a service dog full-and equal access to real property provided for in this accomm 8552 8553 DEPARTMENT OF HUMAN RIGHTS 363.03 color, creed, reli- section. The person may not be required to pay extra compensation for the service dog ssistance, disabil- but is liable for damage done to the premises by the service dog. r inspection, sale, (6) For a person to coerce, intimidate, threaten, or interfere with a person in the withhold any real exercise or enjoyment of, or on account of that person having exercised or enjoyed, or group of persons on account of that person having aided or encouraged a third person in the exercise or tatus, status with enjoyment of, any right granted or protected by this subdivision. Notwithstanding the provisions of any law, ordinance, or home rule charter to the creed, religion, contrary, no person shall be deemed to have committed an unfair discriminatory prac- Aance, disability, tice based upon age if the unfair discriminatory practice alleged is attempted or accom- ial or lease of real plished for the purpose of obtaining or maintaining one of the exemptions provided herewith; or for a dwelling unit provided for in section 363.02, subdivision 2. d, or posted any Subd. 2a. Real property; disability discrimination. (a) For purposes of subdivision ;e, rental, or lease 2, discrimination includes: h the prospective (1) a refusal to permit, at the expense of the disabled person, reasonable modifica- or indirectly, any tions of existing premises occupied or to be occupied by the disabled person if modifi- ion, national ori- cations may be necessary to afford the disabled person full enjoyment of the premises; ;y, or familial sta- a landlord may, where it is reasonable to do so, condition permission for a modification imination except on the renter agreeing to restore the interior of the premises to the condition that ient of a dwelling existed before the modification, excluding reasonable wear and tear; ment reasonably (2) a refusal to make reasonable accommodations in rules, practices, or cation because of services, when accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling; or ins rance com- (3) in connection with the design and construction of covered multifamily dwell - iafinancial ings for first occupancy after March 13, 1991, a failure to design and construct those ita repair or dwellings in a manner that: se of race, color, (i) the public use and common use portions are readily accessible to and usable by a disabled person; 3 to public ass- ,r (ii) all the doors designed to allow passage into and within all premises are suffi- ldin the g, extending, ciently wide to allow passage by disabled persons in wheelchairs; and s of the financial (iii) all premises contain the following features of adaptive design: an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; reinforcements in bathroom walls make any record to allow later installation of grab bars; and usable kitchens and bathrooms so that an which expresses, individual in a wheelchair can maneuver about the space. as to race, color, (b) As used in this subdivision, the term "covered multifamily dwellings" means: i to public assis- tation, specifics- (1) a building consisting of four or more units if the building has one or more ele- vators; and sire to purchase, (2) ground floor units in other buildings consisting of four or more units. :rty in a specific (c) This subdivision does not invalidate or limit any law of the state or political j gnomic, or envi- subdivision of the state, or other jurisdiction in which this subdivision applies, that ding, modifying, requires dwellings to be designed and constructed in a manner that affords disabled per - ancial assistance sons greater access than is required by this subdivision. (d) This subdivision does not require that a dwelling be made available to an indi- pose of inducing vidual whose tenancy would constitute a direct threat to the health or safety of other any of its mem- individuals or whose tenancy would result in substantial physical damage to the prop - i or will or may erty of others. igin, sex, marital Subd. 3. Public accommodations. It is an unfair discriminatory practice: ors or occupants (1) To deny any person the full and equal enjoyment of the goods, services, facili- cd, and to repre- ties, privileges, advantages, and accommodations of a place of public accommodation desirable conse- because of race, color, creed, religion, disability, national origin, or sex. It is an unfair iegft located, discriminatory practice for a taxicab company to discriminate in the access to, full utili- se 1glopminal or zation of, or benefit from service because of a person's disability. blic acilities. (2) For a place of public accommodation not to make reasonable accommodation andicapped, or to the known physical disability of a disabled person. In determining whether an Hided for in this accommodation is reasonable, the factors to be considered may include: _y 363.03 DEPARTMENT OF HUMAN RIGHTS assa ssss Subd. 4a. (a) the frequency and predictability with which members of the public will be Subd. 5. served by the accommodation at that location; 1 To di! (b) the size of the business or organization at that location with respect to physical cati nal instit size, annual gross revenues, and the number of employees; color, creed, r (c) the extent to which disabled persons will be further served from the accommo- lic assistance c dation; persons. For (d) the type of operation; providing tap= (e) the nature and amount of both direct costs and legitimate indirect costs of mak- als available, ing the accommodation and the reasonableness for that location to finance the accom- aids or servic modation; prescribed de (f) the extent to which any persons may be adversely affected by the accommoda- personal natu tion. (2) To e� State or local building codes control where applicable. Violations of state or local sion as a studs building codes are not violations of this chapter and must be enforced under normal national origi building code procedures. Nothing in this subdivision requires structural changes to ability. real property except as required by state or local building codes. (3) To rr. This subdivision does not create a different standard of care. It applies only to that elicits or unfair discriminatory practice cases brought under this statute and to no other causes the race, colc of action. a person seek Subd. 4. Public services. It is an unfair discriminatory practice: Subd. 6. (1) To discriminate against any person in the access to, admission to, full utiliza- for any persc tion of or benefit from any public service because of race, color, creed, religion, national Aft nter origin, disability, sex or status with regard to public assistance or to fail to ensure physi- o f cti( cal and program access for disabled persons unless the public service can demonstrate 2 Inter that providing the access would impose an undue hardship on its operation. In deter- ( ) mining whether providing physical and program access would impose an undue hard- engage in an ship, factors to be considered include: (3) To is (a) the type and purpose of the public service's operation; visions of th a rfer inte e (b) the nature and cost of the needed accommodation; or or i nte in e v (c) documented good faith efforts to explore less restrictive or less expensive alter- Subd. 7 natives; and organization (d) the extent of consultation with knowledgeable disabled persons and organiza- institution, c tions. property, or Physical and program access must be accomplished within six months of the effec- to intention tive date of this section, except for needed architectural modifications, which must be (1) Opp made within two years of the effective date of this section. assisted, or (2) For public transit services to discriminate in the access to, full utilization of, under this c' or benefit from service because of a person's disability. Public transit services may use 2 Ass( any of a variety of methods to provide transportation for disabled people, provided that different rac persons who are disabled are offered transportation that, in relation to the transporta- A repri tion offered nondisabled persons, is: harassment. (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 an individu: that provided nondisabled people, priority must be given to those areas which contain or (2): refuse the largest percent of disabled riders. A public transit service may not fail to provide transfer or a transportation to disabled persons in a geographic area for which it provides service fication, job to nondisabled persons if doing so will exclude a sizable portion of the disabled rider- individual t ship; Subd. (b) during similar hours of operation; (1) to c (c) for comparable fares; or ' e re( a nati (d) with similar or no restrictions as to trip purpose; and for (e) with reasonable response time. current or t Public transit services must meet these five criteria for the provision of transit ser- a credit car vices within three years of the effective date of this section. I DEPARTMENT OF HUMAN RIGHTS 363.03 8554 8555 public will be Subd. 4a. [Repealed, 1983 c 276 s 11] Subd. 5. Educational institution. It is an unfair discriminatory practice: >pect to physical (1) To discriminate in any manner in the full utilization of or benefit from any edu- cational institution, or the services rendered thereby to any person because of race, n the accommo- color, creed, religion, national origin, sex, age, marital status, status with regard to pub- lic assistance 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 materi- 2ct ct costs osts of mak- the accom- als available, readers in libraries, adapted classroom equipment, and similar auxiliary aids devices, readers for personal a use study, or other devices or serves a .he accommoda- prescribed personal nature. of state or local (2) To exclude, expel, or otherwise discriminate against a person seeking admis- sion as a student, or a person enrolled as a student because of race, color, creed, religion, d u changes to national origin, sex, age, marital status, status with regard to public assistance or dis- d under normal ability. (3) To make or use a written or oral inquiry, or form of application for admission applies only to that elicits or attempts to elicit information, or to make or keep a record, concerning no other causes the race, color, creed, religion, national origin, sex, age, marital status or disability of a person seeking admission, except as permitted by rules of the department. n to, full utiliza- Subd. 6. Aiding and abetting and obstruction. It is an unfair discriminatory p ractice eligi ,national for any person: t e physil (1) Intentionally to aid, abet, incite, compel, or coerce a person to engage in any .alonstrate of the practices forbidden by this chapter; ration. In deter- (2) Intentionally to attempt to aid, abet, incite, compel, or coerce a person to an undue hard- engage in any of the practices forbidden by this chapter; (3) To intentionally obstruct or prevent any person from complying with the pro- visions of this chapter, or any order issued thereunder, or to resist, prevent, impede, i or interfere with the commissioner or any of the commissioner's employees or represen- expensive alter- tatives in the performance of duty under this chapter. Subd. 7. Reprisals. It is an unfair discriminatory p ractice for any employer, labor - organization, employment agency, public accommodation, public service, educational ns and organiza 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 n s the h must be must be to intentionally engage in any reprisal against any person because that person: w hic w (1) Opposed a practice forbidden under this chapter or has filed a charge, testified, ill utilization of, assisted, or participated in any manner in an investigation, proceeding, or hearing services may use under this chapter; or le, provided that (2) Associated with a person or group of persons who are disabled or who are of i the transporta- different race, color, creed, religion, or national origin. A reprisal includes, but is not limited to, any form of intimidation, retaliation, or e transportation harassment. It is a reprisal for an employer to do any of the following with respect to of operation as an individual because that individual has engaged in the activities listed in clause (1) is which contain or (2): refuse to hire the individual; depart from any customary employment practice; A fail to provide transfer or assign the individual to a lesser position in terms of wages, hours, job classi- provides service fication, job security, or other employment status; or inform another employer that the e disabled rider- individual has engaged in the activities listed in clause (1) or (2). 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, dis- ability, national origin, sex, or marital status; or for a credit card issuer to refuse to issue a credit card to a woman under her ( P 2 o at ad , except that on of transit ser- current or former surname unless there is an Intent to defraud or mislead, a credit card issuer may require that a woman requesting a card under a former sur- 363.03 DEPARTMENT OF HUMAN RIGHTS 8556 8557 name open a separate account in that name. A credit card issuer may also require dis- Subd. 2. F closure of any other names under which the credit card applicant may have a credit his- this chapter wl tory. or concurrent �. Subd. 8a. Business discrimination. It is an unfair discriminatory practice for a per- calendar days son engaged in a trade or business or in the provision of a service: claim filed witl (a) to refuse to do business with or provide a service to a woman based on her use is valid and fins of her current or former surname; or ing of the right in writing and (b) to impose, as a condition of doing business with or providing a service to a the 15 -day per woman, that a woman use her current surname rather than a former surname; or (1) postm (c) intentionally to refuse to do business with, to refuse to contract with, or to dis- (2) proper criminate in the basic terms, conditions, or performance of the contract because of a person's race, color, sex, or disability, unless the alleged refusal or discrimination is (3) sent b because of a legitimate business purpose. History: 1 Nothing in this subdivision shall prohibit positive action plans. Subd. 8b. Violation of act. It shall be a violation of this chapter for any person fur- 363.032 AFF nishing credit service to discriminate against any person who is the recipient of federal, To proms state, or local'public assistance, including medical assistance, or who is a tenant receiv- affirmative m ing federal, state, or local housing subsidies, including rental assistance or rent supple- $50,000 in sta ments, because the individual is such a recipient. keting agency Subd. 9. Interference with pension rights. For purposes of subdivision 1 discrimi- marketing pla nation on account of age shall include acts which interfere with an employee's opportu- able housing nity to acquire pension credits or pension benefits when the interference cannot be the meaning g shown to have been based on just cause unrelated to the employee's status with regard rules arty to pension credits or pension benefits. 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, res- 363.033 REP taurant, public conveyance or other public place, to prohibit a blind, physically handi- Subdivisi capped, or deaf person from taking a service dog into the public place or conveyance if the service dog can be properly identified as being from a recognized school for seeing (a) "Acce eye, hearing ear, service, or guide dogs, and if the dog is properly harnessed or leashed capped facilit so that the blind, physically handicapped, or deaf person may maintain control of the (b) "Owl dog. Subd. 2. (b) No person shall require a blind, physically handicapped, or deaf person to ble units mus make an extra payment or pay an additional charge when taking a service dog into any a family with of the public places referred to in paragraph (a). inform nondi Subd. 11. Disparate impact cases. If the complaining party has met its burden of of the possibi showing that an employment practice is responsible for a statistically significant this section b adverse impact on a particular class of persons protected by section 363.03, subdivision (b) If a r 1, clause (2), an employer must justify that practice by demonstrating that the practice living in an a is manifestly related to the job or significantly furthers an important business purpose. equipped uni Upon establishment of this justification, the charging party may prevail upon demon- (1) a dis stration of the existence of a comparably effective practice that the court finds would in the unit h_ cause a significantly lesser adverse impact on the identified protected class. (2) a sin History: 1955 c 516 s 5; 1961 c 428 s 5; 1965 c 585 s 2; 1965 c 586 s 1; 1967 c 897 is available s 12 -16; 1969 c 9 s 80; 1969 c 975 s 3 -5; 1973 c 296 s 1; 1973 c 729 s 3,16; 1974 c 354 History: s 1; 1975 c 206 s 2 -5; 1977 c 351 s 5 -7; 1977 c 408 s 3; 1980 c 531 s 4; 1980 c 540 s 1,2; 1981 c 330 s 1; 1982 c 517s 8; 1983 c 216 art I s 59; 1983 c 276 s 7 -10; 1984 c 533 s 2,3; 363.04 DEI 1985 c 248 s 70; 1986 c 444; 1987 c 23 s 3; 1987 c 129 s 3; 1987 c 141 s 2; 1987 c 245 Subdivi: s l; 1988 c 660 s 4; 1989 c 280 s 9- 14,21; 1990 c 567 s 3 -6 human right 363.031 LIMITATIONS ON WAIVER. appointed b' Subdivision 1. Prospective waiver prohibited. Any provision, whether oral or writ- d ' ten, of a lease, contract, or other agreement or instrument, which purports to be a co ion waiver by an individual of any right or remedy provided in this chapter is contrary to sure he c( public policy and void if the waiver or release purports to waive claims arising out of ers of the co event of a v, acts or practices which occur after the execution of the waiver or release. 8556 8557 DEPARTMENT OF HUMAN RIGHTS 363.04 ay also require dis- Subd. 2. Recission of waiver. A waiver or release of rights or remedies secured by ty have a credit his- this chapter which purports to apply to claims arising out of acts or practices prior to, or concurrent with, the execution of the waiver or release may be rescinded within 15 y practice for a per- calendar days of its execution, except that a waiver or release given in settlement of a claim filed with the department or with another administrative agency or judicial body :n based on her use is valid and final upon execution. A waiving or releasing party shall be informed in writ- ing of the right to rescind the waiver or release. To be effective, the rescission must be ding a service to a in writing and delivered to the waived or released party either by hand or mail within er surname; or the 15 -day period. If delivered by mail, the rescission must be: Tact with, or to dis- (1) postmarked within the 15 -day period; atract because of a (2) properly addressed to the waived or released party; and discrimination is (3) sent by certified mail return receipt requested. s. History: 1984 c 567 s 1; 1985 c 175 s I for any person fur- 363.032 AFFIRMATIVE MARKETING REGULATIONS. ecipient of federal, To promote and encourage open housing policies, the commissioner must establish > is a tenant receiv- affirmative marketing regulations for housing developers that receive more than ice or rent supple- $50,000 in state or local funds. The regulations must require the management or mar- keting agency for the housing development to adopt an information distribution or ivision 1 discrimi- marketing plan for actively informing minorities and other protected groups of avail- aployee , s opportu- able housing opportunities. For purposes of this subdivision, "protected groups" has j ference cannot be the meaning given it in section 43A.02, subdivision 33. The commissioner may adopt st ith regard rules to carry out the purposes of this section. Histor ry c328 art 3sl ions s prohlbrted. (a) iger of a hotel, res- 363.033 RENTAL HOUSING PRIORITY; ACCESSIBLE UNITS. , physically conveyance 1. Definitions. The definitions in this subdivision apply to this section. ice or conveyance pp y i d school for seeing (a) "Accessible unit" means an accessible rental housing unit that meets the handi- rnessed or leashed capped facility requirements of the state building code, Minnesota Rules, chapter 1340. ain control of the (b) "Owner" has the meaning given it in section 566.18, subdivision 3. Subd. 2. Priority requirement. (a) An owner of rental housing that contains accessi- or deaf person to ble units must give priority for the rental of an accessible unit to a disabled person or ,vice dog into any a family with a disabled family member who will reside in the unit. The owner must inform nondisabled persons and families that do not include a disabled family member met its burden of of the possibility of being offered a non - handicapped- equipped unit as provided under tically significant this section before a rental agreement to rent an accessible unit is entered. 13.03, subdivision (b) If a nondisabled person or a family that does not include a disabled person is that the practice living in an accessible unit, the person or family must be offered a non- handicapped- business purpose. equipped unit if the following conditions occur: nail upon demon - vail finds would (1) a disabled person or a family with a disabled family member who will reside d class. in the unit has signed a rental agreement to rent the accessible unit; and 6 s 1; 1967 c 897 ( a similar non - handicapped- equipped unit in the same rental housing complex 3,16; 1974 c 354 is available at the same rent. 1980 c 540 s 1,2; History: 1989 c 328 art 3 s 2 1984 c 533 s 2,3; 363.04 DEPARTMENT OF HUMAN RIGHTS. I s 2; 1987 c 245 Subdivision 1. Creation; commissioner. There is established a department of human rights under the direction and supervision of a commissioner who shall be appointed by the governor under the provisions of section 15.06. thl or writ- Subd. 2. Deputy commissioner, duties. There shall be in the department a deputy pu s to be a commissioner, who shall be appointed by the commissioner and shall serve at the plea - ter is contrary to sure of the commissioner. The deputy commissioner shall act for, and exercise the pow - ms arising out of ers of the commissioner during the absence or disability of the commissioner or in the ease. event of a vacancy in the office of commissioner. The deputy commissioner shall per- . 363.04 DEPARTMENT OF HUMAN RIGHTS 8558 8559 form such functions, powers and duties as the commissioner shall prescribe from time (13) accep to time. finance the act_ Subd. 3. [Repealed, 1981 c 330 s 81 (14) create Subd. 4. Task force membership, a appeals. The commissioner may a sioner's judgm ppe y ppoint a (15) devel human rights advisory task force. the state with l Subd. 4a. Terms; compensation; removal; vacancies. The expiration, membership duct research a terms, compensation, removal of members, and filling of vacancies on the task force national origin shall be as provided in section 15.059. tance, familial Subd. 5. [Repealed, 1983 c 260 s 681 extent of discr_ Subd. 6. [Repealed, 1976 c 134 s 79] public accomrr Subd. 7. [Repealed, 1976 c 337 s 3] (16) devel Subd. 8. [Repealed, 1976 c 337 s 3] sions of this ch Subd. 9. Departmental organization. Subject to other provisions of this chapter, (17) provi the commissioner shall have the powers granted by section 15.06 to organize the depart- of the function ment. (18) make Subd. 10. Continuity in operations. In exercising the functions, powers and duties that purpose it conferred on and transferred to the commissioner by Laws 1967, chapter 897, the com- (19) coops missioner shall give full consideration to the need for operational continuity of the the investigati functions transferred. 363.03, subdiN History: 1955 c 516s 6; 1961 c 428 s 6; 1965 c 586 s 2; 1967c 897s 17; 1969c 975 In erforn s 6,7; 1969 c 1129 art 8 s 14; 1973 c 729 s 4; 1976 c 134 s 68,69; 1977 c 305 s 38; 1977 Claus (9) c 444 s 17 -19; 1983 c 260 s 60,61 , 2. poena issued b 363.05 DUTIES OF COMMISSIONER. manner as a cc Subdivision 1. Formulation of policies. The commissioner shall formulate policies of the commis to effectuate the purposes of this chapter and shall: discriminatory (1) exercise leadership under the direction of the governor in the development of plaint filed by human rights policies and programs, and make recommendations to the governor and a principal pla the legislature for their consideration and implementation; (b) It is r (2) establish and maintain a principal office in St. Paul, and any other necessary related to the , branch offices at any location within the state; or political sus (3) meet and function at any place within the state; information u: (4) employ attorneys, clerks, and other employees and agents as the commissioner (c) A subl may deem necessary and prescribe their duties; a copy of the s na (5) to the extent permitted by federal law and regulation, utilize the records of the a form to The subpoena e 1' department of jobs and training of the state when necessary to effectuate the purposes addressed t of this chapter; sioner within (6) obtain upon request and utilize the services of all state governmental depart- so, a court or ments and agencies; service by the (7) adopt suitable rules for effectuating the purposes of this chapter; acknowledgme (8) issue complaints, receive and investigate charges alleging unfair discrimina- History: i tory practices, and determine whether or not probable cause exists for hearing; s 3; 1969 c 97. (9) subpoena witnesses, administer oaths, take testimony, and require the produc- s 5; 1974 c 40( tion for examination of any books or papers relative to any matter under investigation s 5; 1985 c 24 or in question; 375 s 2; 1989 (10) attempt, by means of education, conference, conciliation, and persuasion to eliminate unfair discriminatory practices as being contrary to the public policy of the 363.06 GRIE state; mvisi (11) develop and conduct programs of formal and informal education designed to brin . 1 at eliminate discrimination and intergroup conflict by use of educational techniques and a veri rile cha programs the commissioner deems necessary; charge filed w: (12) make a written report of the activities of the commissioner to the governor missioner and each year and to the legislature by November 15 of each even - numbered year; son alleged to 8558 8559 DEPARTMENT OF HUMAN RIGHTS 363.06 time (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 commis - oint a sioner'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 ership the state with the provisions of this chapter, and in the furtherance of such duties, con - force duct research and study discriminatory practices based upon race, color, creed, religion, national origin, sex, age, disability, marital status, status with regard to public assis- tance, familial status, 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 provi- sions of this chapter, and to agencies and officers of governmental and private agencies; apter, (17) provide staff services to such advisory committees as may be created in aid epart- of the functions of the department of human rights; (18) make grants in aid to the extent that appropriations are made available for duties that purpose in aid of carrying out duties and responsibilities; and e com- (19) cooperate and consult with the commissioner of labor and industry regarding of the the investigation of violations of, and resolution of complaints regarding section 363.03, subdivision 9. 9 c 975 In performing these duties, the commissioner shall give priority to those duties in 1977 clauses (8), (9), and (10) and to the duties in section 363.073. Subd. 2. Service, enforcement, and effect of subpoena. (a) Disobedience of a sub- poena issued by the commissioner pursuant to subdivision 1 shall be punishable in like manner as a contempt of the district court in proceedings instituted upon application olicies of the commissioner made to the district court of the county where the alleged unfair discriminatory practice in connection with a charge made by a charging party or a com- ent of plaint filed by the commissioner has occurred or where the respondent resides or has or and a principal place of business. (b) It is not a violation of rights conferred by chapter 13 or any other statute cessary related to the confidentiality of government data for a state agency, statewide system, or political subdivision, as defined in section 13.02, subdivision 11, to provide data or information under a subpoena issued by the commissioner under this section. issioner (c) A subpoena issued under subdivision 1 must be served personally or by mailing a copy of the subpoena, by first class mail, postage prepaid, to the person to be served. s of the The subpoena must include two copies of a notice and acknowledgment of service on urposes a form to be provided by the commissioner, and a return envelope, postage prepaid, addressed to the sender. If acknowledgment of service is not received by the commis - depart- sioner within 20 days, service is not effective. Unless good cause is shown for not doing j so, a court or administrative law judge shall order the payment of the costs of personal service by the person served if the person does not complete and return the notice and acknowledgment of receipt of the subpoena within the time allowed. riming- History: 1955 c 516 s 7; 1961 c 428 s 7; 1967 c 299 s 9; 1967 897 s 18; 1969 c 567 g' s 3; 1969 c 975 s 8; 1969 c 1129 art 10 s 2; 1971 c 24 s 45, 1973 c 254 s 3; 1973 c 729 produc- s 5; 1974 c 406 s 70; 1977 c 351 s 8, 1977 c 408 s 4; 1977 c 430 s 25 subd 1; 1980 c 531 tigation s 5; 1985 c 248 s 70; 1Sp1985 c 13 s 325; ISp1985 c 14 art 9 s 75; 1986 c 444; 1987 c 375s2; 1989c280s15 asion to y of the 363.06 GRIEVANCES. Subdivision 1. Actions. Any person aggrieved by a violation of this chapter may igned to bring a civil action as provided in section 363.14, subdivision 1, clause (a), or may file ues and a verified charge with the commissioner or the commissioner's designated agent. A charge filed with the commissioner must be in writing on a form provided by the com - overnor missioner and signed by the charging party. The charge must state the name of the per - r; son alleged to have committed an unfair discriminatory practice and set out a summary 363.06 DEPARTMENT OF HUMAN RIGHTS 8560 8561 of the details of the practice complained of. The commissioner may require a charging after the party to provide the address of the person alleged to have committed the unfair discrim- tion of inatory practice, names of witnesses, documents, and any other information necessary (2) to process the charge. The commissioner may dismiss a charge when the charging party exists tc fails to provide required information. The commissioner within ten days of the filing shall, wi shall serve a copy of the charge and a form for use in responding to the charge upon dent wr the respondent personally or by mail. The respondent shall file with the department a charginf written response setting out a summary of the details of the respondent's position rela- commis tive to the charge within 20 days of receipt of the charge. If the respondent fails to ment of respond with a written summary of the details of the respondent's position within 30 At the t days after service of the charge, and service was consistent with rule 4 of the rules of deliver c civil procedure, the commissioner, on behalf of the complaining party, may bring an missiont action for default in district court pursuant to rule 55.01 of the rules of civil procedure. 20 days Subd. 2. Charge, issuance by commissioner. Whenever the commissioner has rea- in writii son to believe that a person is engaging in an unfair discriminatory practice, the com- I A d missioner, may issue a charge stating in statutory language an alleged violation of a tions of particular section of section 363.03. pursuan Subd. 3. Time for filing claim. A claim of an unfair discriminatory practice must ( be brought as a civil action pursuant to section 363.14, subdivision 1, clause (a), filed to credit in a char w' on the r charge with a local commission pursuant to section 363.116, or filed in a charge with the commissioner within one year after the occurrence of the practice. The running counsel, of the one -year limitation period is suspended during the time a potential charging alleged f party and respondent are voluntarily engaged in a dispute resolution process involving Sio a claim of unlawful discrimination under this chapter, including arbitration, concilia- Winat tion, mediation or grievance procedures pursuant to a collective bargaining agreement have bee or statutory, charter, ordinance provisions for a civil service or other employment sys- complain tem or a school board sexual harassment or sexual violence policy. A potential respon- of hearii dent who participates in such a process with a potential charging party before a charge the alleg is filed or a civil action is brought shall notify the department and the charging party time anc in writing of the participation in the process and the date the process commenced and plaint. A shall also notify the department and the charging party of the ending date of the process. general. A respondent who fails to provide this notification is barred from raising the defense (4) that the statute of limitations has run unless one year plus a period of time equal to the believe t: suspension period has passed. missione Subd. 3a. For purposes of subdivision 3, the first application of an unfair discrimi- the comp natory practice, employment policy, or seniority system to a new person establishes a seeking a basis for the filing of a claim by that person. tion of p Subd. 4. Inquiry into charge. (1) Consistent with clause (7), the commissioner shall responde promptly inquire into the truth of the allegations of the charge. The commissioner shall commiss- make an immediate inquiry when a charge alleges actual or threatened physical vio- grant ten lence. The commissioner shall also make an immediate inquiry when it appears that or order e r after h o a charge is frivolous or without merit and shall dismiss those charges. o reasonab after The commissioner shall give priority to investigating and processing those charges, tice. Exct in the order below, which the commissioner determines have the following characteris- apply to tics: relief sou (a) there is evidence of irreparable harm if immediate action is not taken; tion shal (b) there is evidence that the respondent has intentionally engaged in a reprisal; actions. (c) a significant number of recent charges have been filed against the respondent; (5) I (d) the respondent is a government entity; subdivisit edge of th (e) there is potential for broadly promoting the policies of this chapter; or gall&L be 1 (f) the charge is supported by substantial and credible documentation, witnesses, ed or other evidence. (6) I: The commissioner shall inform charging parties of these priorities and shall tell for a clas! each party if their charge is a priority case or not. after a da On other charges the commissioner shall make a determination within 12 months nates. E 8561 DEPARTMENT OF HUMAN RIGHTS 363.06 after the charge was filed as to whether or not there is probable cause to credit the allega- tion of unfair discriminatory practices, and (2) If the commissioner determines after investigation that no probable cause exists to credit the allegations of the unfair discriminatory practice, the commissioner shall, within ten days of the determination, serve upon the charging party and respon- dent written notice of the determination. Within ten days after receipt of notice, the charging party may request in writing, on forms prepared by the department, that the commissioner reconsider the determination. The request shall contain a brief state- ment of the reasons for and new evidence in support of the request for reconsideration. At the time of submission of the request to the commissioner, the charging party shall deliver or mail to the respondent a copy of the request for reconsideration. The com- missioner shall either reaffirm or reverse the determination of no probable cause within 20 days after receipt of the request for reconsideration, and shall within ten days notify in writing the charging party and respondent of the decision to reaffirm or reverse. A decision by the commissioner that no probable cause exists to credit the allega- tions of an unfair discriminatory practice shall not be appealed to the court of appeals pursuant to section 363.072 or sections 14.63 to 14.68. (3) If the commissioner determines after investigation that probable cause exists to credit the allegations of unfair discriminatory practices, the commissioner shall serve on the respondent and the respondent's attorney if the respondent is represented by counsel, by first class mail, a notice setting forth a short plain written statement of the alleged facts which support the finding of probable cause and an enumeration of the provisions of law allegedly violated. If the commissioner determines that attempts to eliminate the alleged unfair practices through conciliation pursuant to subdivision 5 have been or would be unsuccessful or unproductive, the commissioner shall issue a complaint and serve on the respondent, by registered or certified mail, a written notice of hearing together with a copy of the complaint, requiring the respondent to answer the allegations of the complaint at a hearing before an administrative law judge at a time and place specified in the notice, not less than ten days after service of said com- plaint. A copy of the notice shall be furnished to the charging party and the attorney general. (4) If, at any time after the filing of a charge, the commissioner has reason to believe that a respondent has engaged in any unfair discriminatory practice, the com- missioner may file a petition in the district court in a county in which the subject of the complaint occurs, or in a county in which a respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determina- tion of proceedings under this chapter, including an order or decree restraining the respondent from doing or procuring an act tending to render ineffectual an order the commissioner may enter with respect to the complaint. The court shall have power to grant temporary relief or a restraining order as it deems just and proper, but no relief or order extending beyond ten days shall be granted except by consent of the respondent or after hearing upon notice to the respondent and a finding by the court that there is reasonable cause to believe that the respondent has engaged in a discriminatory prac- tice. Except as modified by this section, the Minnesota rules of civil procedure shall apply to an application, and the district court shall have authority to grant or deny the relief sought on conditions as it deems just and equitable. All hearings under this sec - tion shall be given precedence as nearly as practicable over all other pending civil actions. (5) If a lessor, after engaging in a discriminatory practice defined in section 363.03, subdivision 2, clause (1)(a), leases or rents a dwelling unit to a person who has no knowl- edge of the practice or of the existence of a charge with respect to the practice, the lessor shall be liable for actual damages sustained by a person by reason of a final order as provided in this section requiring the person to be evicted from the dwelling unit. 4 (6) In any complaint issued under this section, the commissioner may seek relief for a class of individuals affected by an unfair discriminatory practice occurring on or after a date one year prior to the filing of the charge from which the complaint origi- nates. 363.06 DEPARTMENT OF HUMAN RIGHTS 8562 (7) The commissioner may adopt policies to determine which charges are pro- cessed and the order in which charges are processed based on their particular social or legal significance, administrative convenience, difficulty of resolution, or other stan- dard consistent with the provisions of this chapter. (8) The chief administrative law judge shall adopt policies to provide sanctions for intentional and frivolous delay caused b an charging a Y Y party or respondent in g g P Y P an inves - tigation, hearing, an other er as ect f Y o proceedings P P before the department under chapter. g p der this P Subd. 4a. Emergency rules. The commissioner may adopt emergency rules pursu- ant to chapter 14 to ca out P the u carry purposes of this section. Emergency and permanent rules adopted pursuant to this subdivision apply to cases pending before the commis- sioner on the date of adoption. Subd. 5. Attempts to eliminate unfair practices. The commissioner, in complying with subdivision 4, shall endeavor to eliminate the unfair discriminatory practice through education, conference, conciliation and persuasion at the place where the prac- tice occurred, or the respondent resides or has a principal place of business. Subd. 6. Publication of accounts of cases. The commissioner may publish an account of a case in which the complaint has been dismissed or the terms of settlement of a case that has been voluntarily adjusted. Except as provided in other sections of this chapter, the commissioner shall not disclose any information concerning efforts in a particular case to eliminate an unfair discriminatory practice through education, con- ference, conciliation and persuasion. Subd. 7. [Repealed, 1976 c 301 s 51 Subd. 8. Access to documents. The commissioner shall provide the respondent 0 with a copy of the charge. The charging party or the party's representative may review the answer of the respondent to the charge submitted pursuant to subdivision 1. The department shall make these documents available to the charging party. History: 1955 c 516 s 8; 1961 c 428 s 8; 1965 c 586 s 3; 1967 c 897 s 19; 1969 c 975 s 9,10; 1973 c 729 s 6 -8; 1976 c 301 s 1,2; 1979 c 156 s 1; 1980 c 540 s 3; 1981 c 330 s 2 -5; 1981 c 364 s 1; 1982 c 424 s 130; 1983 c 247 s 143; 1983 c 301 s 199,200,• 1984 c 567 s 2,3; 1984 c 640 s 32, ]Sp1985 c 13 s 326; 1986 c 444; 1987 c 375 s 3,4; 1988 c 660 s 5,6; 1989 c 209 art 1 s 37; 1989 c 329 art 8 s 11; 1990 c 567 s 7,8 363.061 ACCESS TO CASE FILES. Subdivision 1. General provisions. Notwithstanding section 13.39, and except as provided in section 363.06, subdivisions 6 and 8, the availability of human rights inves- tigative data to persons other than department employees is governed by this section. Subd. 2. Access to open files. (a) Human rights investigative data on an individual, with the exception of the name and address of the charging party and respondent, fac- tual basis of the allegations, and the statute under which the action is brought, con- tained in an open case file is classified as confidential. The name and address of the charging party and respondent, factual basis of the allegations, and the statute under which the action is brought are classified as public data unless the commissioner deter- mines that release of the data would be detrimental to the investigative and enforce- ment process. (b) Human rights investigative data not on an individual contained in an open case file is classified as protected nonpublic data. (c) Notwithstanding this subdivision, the commissioner may make human rights investigative data contained in an open case file accessible to a person, government agency, g or the public i Y� c f access will 1 aid h t e investigative and enforcement process. Subd. 3. Access to closed fil es. a Human rights investigative n individ- () alive data on � a ual contained in a closed case file is classified as private, with the exception of the fol- lowing documents: the name and address of the charging party and respondent, factual basis of the allegations, and the statute under which the action is brought, the part of the summary of the investigation that does not contain identifying data on an individ- i i i 8563 DEPARTMENT OF HUMAN RIGHTS 363.071 i ual other than the complainant or respondent, and the commissioner's memorandum determining whether probable cause has been shown. (b) Human rights investigative data not on an individual contained in a closed case file is classified as nonpublic. (c) Notwithstanding this subdivision, the commissioner may make human rights investigative data contained in a closed case file inaccessible to the charging party or the respondent in order to protect medical or other security interests of the parties or third persons. Subd. 4. Charging party access. Data comprised of materials and documentation provided by a charging party that is part of an open or closed case file is accessible to the charging party in accordance with section 13.04, subdivision 3. The charging party may consent to the release of the data to the charging party's attorney or other legal rep- resentative. History: 1Sp1985 c 13 s 327, 1988 c 670 s 13 I 363.07 [Repealed, 1967 c 897 s 29] 363.071 HEARINGS. Subdivision 1. Conduct of hearings. A complaint issued by the commissioner shall be heard as a contested case, except that the report of the administrative law judge shall be binding on all parties to the proceeding and if appropriate shall be implemented by an order as provided for in subdivision 2. The hearing shall be conducted at a place designated by the commissioner, within the county where the unfair discriminatory practice occurred or where the respondent resides or has a principal place of business. The hearing shall be conducted in accordance with sections 14.57 to 14.62, and is sub- ject to appeal in accordance with sections 14.63 to 14.68. Subd. la. Hearings 180 days after charge. At any time after 180 days from the fil- ing of a charge, if there has been neither a finding of probable cause nor of no probable cause, the charging party may file a request with the commissioner to appear at a hear- ing on the party's own behalf or through a private attorney. The amount of time during which a case is involved in significant settlement negotiations, is being investigated by another enforcement agency e nc under a work sharin g agreement, or has been referred to mediation or to a local human rights commission for no fault grievance processing is not counted in computing the 180 days. Tolling of the time during settlement negotia- right tions requires written approval of the charging party or the a Y party's Y ' s attorne . The apply of a charging party to file a request for hearing doe s not pp Y in cases that have been certified as complex by the commissioner within 60 days of the filing of the charge. A case may not be certified as complex unless it involves multiple parties or issues, pres- ents complex issues of law or fact, or presents substantially new issues of law in the dis- crimination area. Within five days of certifying a case as complex, the commissioner shall give notice of the certification to the charging party and the respondent. The com- missioner shall make a determination of probable cause or no probable cause within one year of the filing of a case in which the time has not been counted or a case certified as complex. Upon receipt of the request, the commissioner shall review the documents and information held in the department's files concerning the charge and shall release to the charging party and respondent all documents and information that are accessible to the charging party and respondent under sections 13.01 to 13.87. The commissioner shall forward the request for hearing to the office of administrative hearings, which shall promptly set the matter for hearing. If the charging party prevails at this hearing, the administrative law judge may require the respondent to reimburse the charging party for reasonable attorney's fees. Subd. 2. Determination of discriminatory practice. The administrative law judge shall make findings of fact and conclusions of law, and if the administrative law judge finds that the respondent has engaged in an unfair discriminatory practice, the adminis- trative law judge shall issue an order directing the respondent to cease and desist from the unfair discriminatory practice found to exist and to take such affirmative action as 363.071 DEPARTMENT OF HUMAN RIGHTS 8564 in the judgment of the administrative law judge will effectuate the purposes of this chapter. The order shall be a final decision of the department. The administrative law judge shall order any respondent found to be in violation of any provision of section 363.03 to pay a civil penalty to the state. This penalty is in addition to compensatory and punitive damages to be paid to an aggrieved party. The administrative law judge shall determine the amount of the civil penalty to be paid, taking into account the seri- ousness and extent of the violation, the public harm occasioned by the violation, whether the violation was intentional, and the financial resources of the respondent. Any penalties imposed under this provision shall be paid into the general fund of the state. In all cases where the administrative law judge finds that the respondent has engaged in an unfair discriminatory practice, the administrative law judge shall order the respondent to pay an aggrieved party, who has suffered discrimination com - P ensa tory damages in an amount up to three times the actual damages sustained. In all cases, the administrative law judge may also order the respondent to pay an aggrieved party, who has suffered discrimination damages es f or mental n g anguish or suffering able attorney's fees, in addition to punitive damages in an amount not more ore than $8,500. Punitive damages shall be awarded pursuant to section 549.20. In any case where a political subdivision is a respondent, the total of punitive damages awarded an aggrieved party may not exceed $8,500 and in that case if there are two or more respondents the punitive damages may be apportioned among them. Punitive damages may only be assessed against a political subdivision in its capacity as a corporate entity and no regular or ex officio member of a governing body of a political subdivision shall be personally liable for payment of punitive damages pursuant to this subdivision. In addition to the aforesaid remedies, in a case involving discrimination in (a) employment, the administrative law judge may order the hiring, reinstatement or upgrading of an aggrieved party, who has suffered discrimination, with or without back pay, admission or restoration to membership in a labor organization, or admission to or participation in an apprenticeship training program, on-the-job training program, or other retraining program, or any other relief the administrative law judge deems just and equitable. (b) housing, the administrative law judge may order the sale, lease, or rental of the housing accommodation or other real property to an aggrieved party, who has suffered discrimination, or the sale, lease, or rental of a like accommodation or other real prop- erty owned by or under the control of the person against whom the complaint was filed, according to terms as listed with a real estate broker, or if no such listing has been made, as otherwise advertised or offered by the vendor or lessor, or any other relief the admin- istrative law judge deems just and equitable. The administrative law judge shall cause the findings of fact, conclusions of law, and order to be served on the respondent personally, on the charging party by registered or certified mail, and shall furnish copies to the attorney general and the commissioner. Subd. 3. Dismissal of hearing. If the administrative law judge makes findings of fact, conclusions of law, and an order in favor of the respondent, the order shall be a final decision of the department. Subd. 4. Respondents subject to state licensing or regulatory power. In the case of a respondent which is subject to the licensing or regulatory power of the state or any political subdivision or agency thereof, if the administrative law judge determines that the respondent has engaged in a discriminatory practice, and if the respondent does not cease to engage in such discriminatory practice, the commissioner may so certify to the licensing or regulatory agency. Unless such determination of discriminatory practice is reversed in the course of judicial review, a final determination is binding on the licensing or regulatory agency. Such agency may take appropriate administrative action, including suspension or revocation of the respondent's license or certificate of public convenience and necessity, if the agency is otherwise authorized to take such action. Subd. 5. Public contracts. In the case of a respondent which is a party to a public contract, if the administrative law judge determines that the respondent has engaged I� I. i 8565 DEPARTMENT OF HUMAN RIGHTS 363.073 in a discriminatory practice, the commissioner may so certify to the contract letting agency. Unless the finding of a discriminatory practice is reversed in the course of judi- cial review, a final determination is binding on the contract letting agency and the agency may take appropriate administrative action, including the imposition of finan- cial penalties or termination of the contract, in whole or in part, if the agency is other- wise authorized to take the action. t - Subd. 6. Subpoenas. After the issuance of a complaint pursuant to section 363.06, subdivision 4, a charging party or a respondent may request that the administrative law judge issue subpoenas requiring the presence of witnesses or the production for exami- nation of books or papers not privileged and relevant to any matter in question at the hearing. History: 1967 c 897 s 20, 1969 c 975 s 11 -13; 1973 c 729 s 9; 1976 c 301 s 3; 1980 c 540 s 4; 1981 c 364 s 2; 1983 c 301 s 201; 1984 c 567 s 4,5; 1985 c 248 s 56; 1986 c 444; 1987 c 375 s 5; 1988 c 660 s 7 363.072 DISTRICT COURT, REVIEW ORDERS OF PANEL OR EXAMINER. Subdivision 1. Appeal. The commissioner or a person aggrieved b Sub pp p ggrl Y a final decision of the department reached after a hearing held pursuant to section 363.071 may seek a judicial review in accordance with chapter 14. The attorney general shall represent on appeal, a charging party who prevailed at a hearing authorized by section 363.071, sub- j division la, if the charging party requests representation within ten days after receipt s of the petition for appeal. Subd. 2. Review procedure. The judicial review proceedings shall be in accordance with chapter 14. History: 1967 c 897 s 21; 1973 c 729 s 10; 1977 c 408 s 5; 1982 c 424 s 130; 1983 c 247 s 144,145; 1984 c 567 s 6 i 363.073 CERTIFICATES OF COMPLIANCE FOR PUBLIC CONTRACTS. Subdivision 1. Scope of application. No department or agency of the state shall accept any bid or proposal for a contract or agreement or execute any contract or agree- +: ment for goods or services in excess of $50,000 with any business having more than 20 full -time employees at any time during the previous 12 months, unless the firm or business has an affirmative action plan for the employment of minority persons, women, and the disabled that has been approved by the commissioner of human rights. Receipt of a certificate of compliance issued by the commissioner shall signify that a firm or business has an affirmative action plan that has been approved by the commis- sioner. A certificate shall be valid for a period of two years. A municipality as defined in section 466.0 1, subdivision 1, that receives state money for any reason is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the disabled and submit the plan to the commissioner of human rights. Subd. 2. Revocation of certificate. Certificates of compliance may be suspended or revoked by the commissioner if a holder of a certificate has not made a good faith effort to implement an affirmative action plan that has been approved by the commissioner. If a contractor does not effectively implement an affirmative action plan approved by the commissioner pursuant to subdivision 1, or fails to make a good faith effort to do so, the commissioner may refuse to approve subsequent plans submitted by that firm or business. Subd. 3. Revocation of contract. A contract awarded by a department or agency of the state may be terminated or abridged by the department or agency because of suspen- sion or revocation of a certificate based upon a contractor's failure to implement or make a good faith effort to implement an affirmative action plan approved by the com- missioner under this section. If a contract is awarded to a person who does not have a contract compliance certificate required under subdivision 1, the commissioner may void the contract on behalf of the state. I 363.073 DEPARTMENT OF HUMAN RIGHTS 8566 856 Subd. 4. Technical assistance. In the case of a contractor whose certificate of com- di; pliance has been suspended, the commissioner shall provide technical assistance that stE may enable the contractor to be recertified within 90 days after the contractor's certifi- ac cate has been suspended. int History: 1969 c 975 s 19; 1974 c 527 s 1; 1981 c 326 s 1; 1981 c 356 s 377 ;1Sp1981 c 4 art 3 s 14; art 4 s 33; 1988 c 660 s 8,9; 1989 c 280 s 16, 1989 c 329 art 9 s 27,• 1989 s ` c 335 art 1 s 244 36. 363.074 RULES FOR CERTIFICATES OF COMPLIANCE. The commissioner shall adopt rules to implement section 363.073 specifying the no criteria used to review affirmative action plans and the standards used to review imple- co `" mentation of affirmative action plans. A firm or business certified to be in compliance with affirmative action requirements of a local human rights agency or the federal gov- emment shall be deemed to be in compliance with section 363.073 upon submission 36. to the commissioner of an affirmative action plan approved by a local human rights agency or the federal government and amendments to the plan which are necessary to ref address the employment of disabled persons protected by section 363.03, subdivision abi 1. far History: 1981 c 326 s 2 mG 363.075 EMERGENCY RULES. the The commissioner shall have authority to promulgate emergency rules pursuant to chapter 14 to carry out the purposes of section 363.073. 36: History: 1981 c 326 s 3; 1982 c 424 s 130, 1984 c 640 s 32 363.08 [Repealed, 1967 c 897 s 29] or 363.09 [Repealed, 1967 c 897 s 29] the 363.091 ENFORCEMENT. occ sh( When a respondent fails or refuses to comply with a final decision of the depart- a c ment, the commissioner may file with the court administrator of district court in the inf judicial district in which the hearing was held a petition requesting the court to order ch, the respondent to comply with the order of the department. Thereupon the court shall issue an order to show cause directed to the respondent why an order directing compl- unc ance should not be issued. If the panel or examiner has ordered an award of damages bri pursuant to section 363.071, the court shall enter judgment on the order or modified an( order in the same manner as in the case of an order of the district court, as provided in section 546.27. the History: 1967 c 897 s 22; 1969 c 975 s 14, 1973 c 729 s 11; ISp1986 c 3 art 1 s 82; 1988 c 660 s 10 12c 363.10 [Repealed, 1982 c 501 s 26; 1983 c 247 s 219] 36: 363.101 UNFAIR DISCRIMINATORY PRACTICE A MISDEMEANOR. wh , In addition to all other remedies provided under this chapter, eve person who P � I'Y P sec commits an unfair discriminatory act as set forth in section 363.03, subdivision 3, or aids, abets, incites, compels, or coerces another to do so, shall be guilty of a misdemea- nor. rec History: 1969 c 975 s 18 ten 363.11 CONSTRUCTION. the The provisions of this chapter shall be construed liberally for the accomplishment ing of the purposes thereof. Nothing contained in this chapter shall be deemed to repeal do any of the provisions of the civil rights law or of any other law of this state relating to nol 8567 DEPARTMENT OF HUMAN RIGHTS 363.117 discrimination because of race, creed, color, religion, sex, age, disability, marital status, status with regard to public assistance or national origin or familial status; but, as to acts declared unfair by section 363.03, the procedure herein provided shall, while pend- ing, be exclusive. History: 1955 c 516 s 13; 1973 c 729 s 12, 1977 c 351 s 9,• 1980 c 531 s 6, 1989 c 280 s21 363.114 JURISDICTION OF COUNTY COMMISSIONS. If a county or group of counties creates a local commission, the commission does not have jurisdiction over any part of the county that is within the jurisdiction of a local commission created by city charter or municipal ordinance. History: ISp1985 c 13 s 328 363.115 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, dis- ability, marital status, status with regard to public assistance, national origin, age, 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 j the scope of its powers. History: 1967 c 897 s 24; 1973 c 729 s 13; 1977 c 351 s 10, 1980 c 531 s 7 363.116 TRANSFER TO COMMISSIONER. A local commission may refer a matter under its jurisdiction to the commissioner. The charging party has the option of filing a charge either with a local commission or the department. Notwithstanding the provisions of any ordinance or resolution to the contrary, a charge may be filed with a local commission within one year after the occurrence of the practice. The exercise of such choice in filing a charge with one agency shall preclude the option of filing the same charge with the other agency. At the time a charge comes to the attention of a local agency, the agency or its representative shall inform the charging party of this option, and of the_ party's rights under Laws 1967, chapter 897. Where this chapter provides additional protections and remedies not provided for under a local antidiscrimination ordinance, the local commission shall advise a party bringing a charge under a local ordinance of those additional protections and remedies and of the option to file a charge under this chapter. The term "local commission" as used in this section has the same meaning given the term in section 363.115. History: 1967 c 897 s 25, 1984 c 567 s 7,• 1Sp1985 c 13 s 329,• 1986 c 444; 1987 c 129 s 4; 1990 c 567 s 9 363.117 WITHDRAWAL FROM A LOCAL COMMISSION. Notwithstanding the provisions of any law or ordinance to the contrary, a person who has filed a charge with a local commission may bring a civil action as provided in section 363.14 at the following times: (a) Within 45 days after receipt of notice that the local commission has deter- mined that there is no probable cause to credit the allegations contained in the charge; receipt of notice is presumed to be five days from the date of service by mail of the writ- ten notice; or (b) After 45 days from the filing of the charge if a hearing has not been held or if the local commission has not entered into a conciliation agreement to which the charg- ing party is a signator. The charging party shall notify the local commission of an inten- tion to bring a civil action, which shall be commenced within 90 days of giving the notice. i 363.117 DEPARTMENT OF HUMAN RIGHTS 8568 8- A charging party bringing a civil action shall mail by registered or certified mail a copy of the summons and complaint to the local commission and upon their receipt the local commission shall terminate all proceedings before the local commission relat- ing to the charge. No charge shall be filed or reinstituted with the local commission after a civil action relating to the same unfair discriminatory practice has been brought 3 unless the civil action has been dismissed without prejudice. li History: 1981 c 330 s 7; 1986 c 444; 1989 c 280 s 17 363.12 DECLARATION OF POLICY. si p , Subdivision 1. It is the public policy of this state to secure for persons in this state, freedom from discrimination; cl (1) In employment because of race, color, creed, religion, national origin, sex, mar- tc ital status, disability, status in regard to public assistance and age; tp, (2) In housing and real property because of race, color, creed, religion, national do ori gin, sex, marital status, disability, status with regard to public assistance and familial cl status; (3) In public accommodations because of race, color, creed, religion, national ori- do gin, sex and disability; o; (4) In public services because of race, color, creed, religion, national origin, sex, tb marital status, disability and status in regard to public assistance; and (5) In education because of race, color, creed, religion, national origin, sex, marital 1, status, disability, status with regard to public assistance and age. Such discrimination h threatens the rights and privileges of the inhabitants of this state and menaces the insti- 0 T tutions and foundations of democracy. It is also the public policy of this state to protect w: all persons from wholly unfounded charges of discrimination. Nothing in this chapter shall be interpreted as restricting the implementation of positive action programs to frc combat discrimination. Subd. 2. The opportunity to obtain employment, housing, and other real estate, de and full and equal utilization of public accommodations, public services, and educa- in tional institutions without such discrimination as is prohibited by this chapter is hereby fo recognized as and declared to be a civil right. th Subd. 3. The department of human rights under the control of the commissioner of human rights is the successor of the state commission against discrimination as it a existed immediately prior to July 1, 1967. cc Subd. 4. If any provision of Laws 1967, chapter 897 or the application thereof to Nc any person or circumstances is held invalid, the invalidity does not affect the other pro- in visions or applications of Laws 1967, chapter 897 which can be given effect without the ha invalid provision or application, and to this end the provisions of Laws 1967, chapter 897 are severable. te: History: 1955 c 516 s 1; 1961 c 428 s 16; 1967 c 897 s 26; 1969 c 975 s 15,16, 1973 fo: c 729 s 14,15; 1977 c 351 s 11; 1980 c 531 s 8 of 363.121 DEPARTMENT ATTORNEY. a The attorney general shall be the attorney for the department. When a matter has er: been referred to the attorney general by the commissioner after a finding of probable cause or for the purpose of interim relief, communications between members of the sh, attorney general's office and charging parties or members of a class formed pursuant pr , to section 363.06, subdivision 4, clause (6), are privileged as would be a communication pr between an attorney and a client. History: 1967 c 897 s 27; 1988 c 660 s 11 juc 363.122 [Repealed, 1978 c 793 s 98] tic 363.123 [Renumbered 363.03, subdivision 8b] su: 8569 DEPARTMENT OF HUMAN RIGHTS 363.14 363.13 CITATION. This chapter shall be known as the Minnesota human rights act. History: 1955 c 516 s 2, 1961 c 428 s 17,• 1973 c 729 s 17 363.14 COURT ACTIONS, SUITS BY PRIVATE PARTIES, INTERVENTION, DISTRICT COURT JURISDICTION, ATTORNEY'S FEES, AND COSTS. Subdivision 1. Court actions, suits by private parties, intervention. (a) The commis- sioner or a person may bring a civil action seeking redress for an unfair discriminatory practice directly to district court. In addition, a person may bring a civil action: (1) within 45 days after receipt of notice that the commissioner has dismissed a charge because it is frivolous or without merit, because the charging party has failed to provide required information, because the commissioner has determined that fur- ; ther use of department resources is not warranted, or because the commissioner has determined that there is no probable cause to credit the allegations contained in a charge filed with the commissioner; j(2) within 45 days after receipt of notice that the commissioner has reaffirmed a I determination of no probable cause if the charging party requested a reconsideration of the no probable cause determination, or has decided not to reopen a dismissed case that the charging party has asked to be reopened; or (3) after 45 days from the filing of a charge pursuant to section 363.06, subdivision 1, if a hearing has not been held pursuant to section 363.071 or if the commissioner has not entered into a conciliation agreement to which the charging party is a signator. The charging party shall notify the commissioner of an intention to bring a civil action, which shall be commenced within 90 days of giving the notice. For purposes of clauses (1) and (2), receipt of notice is presumed to be five days from the date of service by mail of the written notice. (b) If the commissioner has issued both probable cause and no probable cause determinations on charge, se arate issues in the same the charging party may, if a hear - P ing is held, require that all matters be heard at the hearing or may bring a civil action for the no probable cause charges at the same time as the probable cause charges under the rules and time frames that govern the probable cause charges. (c) A charging party bringing a civil action shall mail by registered or certified mail a copy of the summons and complaint to the commissioner, and upon their receipt the commissioner shall terminate all proceedings in the department relating to the charge. No charge shall be filed or reinstituted with the commissioner after a civil action relat- ing to the same unfair discriminatory practice has been brought unless the civil action has been dismissed without prejudice. (d) Upon application by the complaining party to the district court at a special term and under circumstances the court deems just, the court may appoint an attorney for the person and may authorize the commencement of the action without payment of fees, costs, or security. (e) Upon timely application, the court may permit the department to intervene in a civil action brought pursuant to this section upon certification that the case is of gen- eral public importance. Subd. 2. District court jurisdiction. Any action brought pursuant to this section shall be filed in the district court of the county wherein the unlawful discriminatory practice is alleged to have been committed or where the respondent resides or has a principal place of business. Any action brought pursuant to this chapter shall be heard and determined by a judge sitting without a jury. If the court finds that the respondent has engaged in an unfair discriminatory prac- tice, it shall issue an order directing appropriate relief as provided by section 363.071, subdivision 2. Subd. 3. Attorney's fees and costs. In any action or proceeding brought pursuant 363.14 DEPARTMENT OF HUMAN RIGHTS 8570 I to this section the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs. History: 1973 c 729 s 18; 1976 c 301 s 4; 1977 c 455 s 85; 1978 c 793 s 74; 1981 c 330 s 6; 1984 c 567 s 8,9; 1986 c 444; 1988 c 660 s 12,13; 1989 c 280 s 19 363.15 NOTICE OF APPEAL TO THE COMMISSIONER. In any case that is appealed to the supreme court or the court of appeals in which an issue is raised under this chapter, the party raising the issue shall serve a copy of the notice of appeal on the commissioner. At the time of filing a notice of appeal or other papers, documents, or briefs in the case, a party shall file proof of service of the papers, documents, or briefs upon the commissioner. History: 1988 c 660 s 14; 1989 c 280 s 20 i i