1.1 	A bill for an act
1.2 	relating to human rights; making agency technical
1.3 	changes; amending Minnesota Statutes 2004, sections
1.4 	363A.02, subdivisions 1, 2; 363A.03, subdivisions 1,
1.5 	2, 5, 8, 14, 21, 31, 35, 42, by adding subdivisions;
1.6 	363A.04; 363A.06; 363A.08, subdivisions 1, 2, 3, 4, 6;
1.7 	363A.09, subdivision 4; 363A.11, subdivision 4;
1.8 	363A.12, subdivision 1; 363A.13, subdivision 4;
1.9 	363A.15; 363A.17; 363A.19; 363A.20, subdivision 4;
1.10 	363A.21, subdivisions 1, 2; 363A.28, subdivisions 1,
1.11 	6, 7; 363A.29, subdivision 2; 363A.40, subdivision 1;
1.12 	repealing Minnesota Statutes 2004, section 363A.03,
1.13 	subdivisions 3, 29.
1.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15 	ARTICLE 1
1.16 	CLARIFYING AMENDMENTS

1.17 	Section 1. Minnesota Statutes 2004, section 363A.03,
1.18 	subdivision 1, is amended to read:
1.19 		Subdivision 1.terms scope.  For the purposes of this
1.20 	chapter, the words defined in this section have the meanings
1.21 	ascribed to given them.

1.22 	Sec. 2. Minnesota Statutes 2004, section 363A.03,
1.23 	subdivision 2, is amended to read:
1.24 		Subd. 2.Age.  The prohibition against unfair employment
1.25 	or education practices based on age prohibits using a person's
1.26 	age as a basis for a decision if the person is over the age
1.27 	of majority 18 years,except for section 363A.13 which shall be
1.28 	deemed to protect any individual over the age of 25 years.

1.29 	Sec. 3. Minnesota Statutes 2004, section 363A.03,
2.1 	subdivision 5, is amended to read:
2.2 		Subd. 5.Charging party.  "Charging party" means a person
2.3 	filing a verified charge with the commissioner or the
2.4 	commissioner's designated agent pursuant to section 363A.28,
2.5 	subdivision 1.

2.6 	Sec. 4. Minnesota Statutes 2004, section 363A.03,
2.7 	subdivision 8, is amended to read:
2.8 		Subd. 8.Complainant.  "Complainant" means the
2.9 	commissioner of human rights after issuing a finding of probable
2.10 	cause is made by the commissioner and the commissioner issues a
2.11 	complaint pursuant to sections 363A.06, subdivision 3, paragraph
2.12 	(8), and 363A.28, subdivisions 1 to 9.

2.13 	Sec. 5. Minnesota Statutes 2004, section 363A.03,
2.14 	subdivision 14, is amended to read:
2.15 		Subd. 14.Educational institution.  "Educational
2.16 	institution" means a public or private institution and includes
2.17 	an academy, college, elementary or secondary school, extension
2.18 	course, kindergarten, nursery, school system and a business,
2.19 	nursing, professional, secretarial, technical, vocational
2.20 	school; and includes an agent of an educational
2.21 	institution. "Educational institution" also includes "religious
2.22 	or denominational educational institution" as defined in section
2.23 	363A.03, subdivision 40.

2.24 	Sec. 6. Minnesota Statutes 2004, section 363A.03,
2.25 	subdivision 21, is amended to read:
2.26 		Subd. 21.Human rights investigative data.  "Human rights
2.27 	investigative data" means written documents, audio and video
2.28 	tapes, or other electronically and technologically created or
2.29 	transmitted data,issued or gathered by the department for the
2.30 	purpose of investigating and prosecuting alleged or suspected
2.31 	discrimination.

2.32 	Sec. 7. Minnesota Statutes 2004, section 363A.03,
2.33 	subdivision 35, is amended to read:
2.34 		Subd. 35.Public service.  "Public service" means any
2.35 	public facility, department, agency, council,board or
2.36 	commission, owned, operated or managed by or on behalf of the
3.1 	state of Minnesota, or any subdivision thereof, including any
3.2 	county, city, town, township, or independent district in the
3.3 	state.

3.4 	Sec. 8. Minnesota Statutes 2004, section 363A.06, is
3.5 	amended to read:
3.6 	363A.06 POWERS AND DUTIES OF COMMISSIONER.
3.7 		Subdivision 1.Formulation of policies. The commissioner
3.8 	shall formulate policies to effectuate the purposes of this
3.9 	chapter and shall:
3.10 	(1) exercise leadership under the direction of the governor
3.11 	in the development of human rights policies, procedures,and
3.12 	programs, and make recommendations to the governor and the
3.13 	legislature for their consideration and implementation;
3.14 	(2) establish and maintain a principal office in St. Paul,
3.15 	and any other necessary branch offices at any location within
3.16 	the state;
3.17 	(3) meet and function at any place within the state;
3.18 	(4) employ attorneys, clerks, and other employees and
3.19 	agents as the commissioner may deem necessary and prescribe
3.20 	their duties;
3.21 	(5) to the extent permitted by federal and state law and
3.22 	regulation, utilize the records and services of the Department
3.23 	of Employment and Economic Development of the state all state
3.24 	governmental departments and agencies when necessary to
3.25 	effectuate the purposes of this chapter;
3.26 	(6) obtain upon request and utilize the services of all
3.27 	state governmental departments and agencies;
3.28 	(7) adopt suitable rules for effectuating the purposes of
3.29 	this chapter;
3.30 	(8) (7) issue complaints, receive and investigate charges
3.31 	alleging unfair discriminatory practices, and determine whether
3.32 	or not probable cause exists for hearing;
3.33 	(9) (8) subpoena witnesses, administer oaths, take
3.34 	testimony, and require the production for examination of any
3.35 	books or papers relative to any matter under investigation or in
3.36 	question as the commissioner deems appropriate to carry out the
4.1 	purposes of this chapter;
4.2 	(10) (9) attempt, by means of education, conference,
4.3 	conciliation, and persuasion to eliminate unfair discriminatory
4.4 	practices as being contrary to the public policy of the state;
4.5 	(11) (10) develop and conduct programs of formal and
4.6 	informal education designed to eliminate discrimination and
4.7 	intergroup conflict by use of educational techniques and
4.8 	programs the commissioner deems necessary;
4.9 	(12) (11) make a written report of the activities of the
4.10 	commissioner to the governor each year;
4.11 	(13) (12) accept gifts, bequests, grants or other payments
4.12 	public and private to help finance the activities of the
4.13 	department;
4.14 	(14) (13) create such local and statewide advisory
4.15 	committees as will in the commissioner's judgment aid in
4.16 	effectuating the purposes of the Department of Human Rights;
4.17 	(14) provide staff services to such advisory committees as
4.18 	may be created in aid of the functions of the Department of
4.19 	Human Rights;
4.20 	(15) develop such programs as will aid in determining the
4.21 	compliance throughout the state with the provisions of this
4.22 	chapter, and in the furtherance of such duties, conduct research
4.23 	and study discriminatory practices based upon race, color,
4.24 	creed, religion, national origin, sex, age, disability, marital
4.25 	status, status with regard to public assistance, familial
4.26 	status, sexual orientation, membership or activity in a local
4.27 	human rights commission,or other factors and .Develop accurate
4.28 	data on the nature and extent of discrimination and other
4.29 	matters as they may affect housing, employment, public
4.30 	accommodations, schools, and other areas of public life public
4.31 	services, education, credit, and business;
4.32 	(16) develop and disseminate technical assistance to
4.33 	persons subject to the provisions of this chapter, and to
4.34 	agencies and officers of governmental and private agencies;
4.35 	(17) provide staff services to such advisory committees as
4.36 	may be created in aid of the functions of the Department of
5.1 	Human Rights;
5.2 	(18) (17) make grants in aid to the extent that
5.3 	appropriations are made available for that the purpose in aid of
5.4 	carrying out the duties and responsibilities of this chapter;
5.5 	and
5.6 	(19) (18) cooperate and consult with the commissioner of
5.7 	labor and industry regarding the investigation of violations of,
5.8 	and resolution of complaints regarding section 363A.08,
5.9 	subdivision 7.
5.10 	In performing these duties, the commissioner shall give
5.11 	priority to those duties in clauses (7),(8), and (9), and (10) 
5.12 	and to the duties in section 363A.36.
5.13 		Subd. 2.Service, enforcement, and effect of subpoena.
 5.14 	(a) Disobedience of a subpoena issued by the commissioner
5.15 	pursuant to subdivision 1, clause (8),shall be punishable in
5.16 	like manner as a contempt of the district court in proceedings
5.17 	instituted upon application of the commissioner made to the
5.18 	district court of the county where the alleged unfair
5.19 	discriminatory practice in connection with a charge made by a
5.20 	charging party or a complaint filed by the commissioner has
5.21 	occurred or where the respondent resides or has a principal
5.22 	place of business.
5.23 	(b) It is not a violation of rights conferred by chapter 13
5.24 	or any other statute related to the confidentiality of
5.25 	government data for a state agency, statewide system, or
5.26 	political subdivision, as defined in section 13.02, subdivision
5.27 	11, to provide data or information under a subpoena issued by
5.28 	the commissioner under this section.
5.29 	(c) A subpoena issued under subdivision 1, clause (8),must
5.30 	be served personally or by mailing a copy of the subpoena, by
5.31 	first class mail, postage prepaid, to the person to be served.
5.32 	The subpoena must include two copies of a notice and
5.33 	acknowledgment of service on a form to be provided by the
5.34 	commissioner, and a return envelope, postage prepaid, addressed
5.35 	to the sender.  If acknowledgment of service is not received by
5.36 	the commissioner within 20 days, service is not effective.
6.1 	Unless good cause is shown for not doing so, a court or
6.2 	administrative law judge shall order the payment of the costs of
6.3 	personal service by the person served if the person does not
6.4 	complete and return the notice and acknowledgment of receipt of
6.5 	the subpoena within the time allowed.
6.6 		Subd. 3.Mission; efficiency. It is part of the
6.7 	department's mission that within the department's resources the
6.8 	commissioner shall endeavor to:
6.9 	(1) prevent the waste or unnecessary spending of public
6.10 	money;
6.11 	(2) use innovative fiscal and human resource practices to
6.12 	manage the state's resources and operate the department as
6.13 	efficiently as possible;
6.14 	(3) coordinate the department's activities wherever
6.15 	appropriate with the activities of other governmental agencies;
6.16 	(4) use technology where appropriate to increase agency
6.17 	productivity, improve customer service, increase public access
6.18 	to information about government, and increase public
6.19 	participation in the business of government;
6.20 	(5) utilize constructive and cooperative labor-management
6.21 	practices to the extent otherwise as required by chapters 43A
6.22 	and 179A;
6.23 	(6) report to the legislature on the performance of agency
6.24 	operations and the accomplishment of agency goals in the
6.25 	agency's biennial budget according to section 16A.10,
6.26 	subdivision 1; and
6.27 	(7) recommend to the legislature appropriate changes in law
6.28 	necessary to carry out the mission and improve the performance
6.29 	of the department.
6.30 		Subd. 4.Publication of case account. The commissioner
6.31 	may publish an account of a case in which the complaint has been
6.32 	dismissed or the terms of settlement of a case that has been
6.33 	voluntarily adjusted.  Except as provided in other sections of
6.34 	this chapter, the commissioner shall not disclose any
6.35 	information concerning efforts settlement negotiations in a
6.36 	particular case to eliminate an unfair discriminatory practice
7.1 	through education, conference, conciliation and persuasion prior
7.2 	to final resolution.

7.3 	Sec. 9. Minnesota Statutes 2004, section 363A.08,
7.4 	subdivision 6, is amended to read:
7.5 		Subd. 6.Reasonable accommodation.  Except when based on
7.6 	a bona fide occupational qualification, it is an unfair
7.7 	employment practice for an employer with a number of who employs
7.8 	equal to or greater than 15 part-time or full-time employees for
7.9 	each working day in each of 20 or more calendar weeks in the
7.10 	current or preceding calendar year equal to or greater than 25
7.11 	effective July 1, 1992, and equal to or greater than 15
7.12 	effective July 1, 1994, an employment agency, or a labor
7.13 	organization, not to make reasonable accommodation to the known
7.14 	disability of a qualified disabled person or job applicant
7.15 	unless the employer, agency, or organization can demonstrate
7.16 	that the accommodation would impose an undue hardship on the
7.17 	business, agency, or organization.  "Reasonable accommodation"
7.18 	means steps which must be taken to accommodate the known
7.19 	physical or mental limitations of a qualified disabled person.
7.20 	"Reasonable accommodation" may include but is not limited to,
7.21 	nor does it necessarily require:  (a) making facilities readily
7.22 	accessible to and usable by disabled persons; and (b) job
7.23 	restructuring, modified work schedules, reassignment to a vacant
7.24 	position, acquisition or modification of equipment or devices,
7.25 	and the provision of aides on a temporary or periodic basis.
7.26 	In determining whether an accommodation would impose an
7.27 	undue hardship on the operation of a business or organization,
7.28 	factors to be considered include:
7.29 	(a) the overall size of the business or organization with
7.30 	respect to number of employees or members and the number and
7.31 	type of facilities;
7.32 	(b) the type of the operation, including the composition
7.33 	and structure of the work force, and the number of employees at
7.34 	the location where the employment would occur;
7.35 	(c) the nature and cost of the needed accommodation;
7.36 	(d) the reasonable ability to finance the accommodation at
8.1 	each site of business; and
8.2 	(e) documented good faith efforts to explore less
8.3 	restrictive or less expensive alternatives, including
8.4 	consultation with the disabled person or with knowledgeable
8.5 	disabled persons or organizations.
8.6 	A prospective employer need not pay for an accommodation
8.7 	for a job applicant if it is available from an alternative
8.8 	source without cost to the employer or applicant.

8.9 	Sec. 10. Minnesota Statutes 2004, section 363A.11,
8.10 	subdivision 4, is amended to read:
8.11 		Subd. 4.Direct threat to health and safety.  Nothing in
8.12 	this chapter requires an entity to permit an individual to
8.13 	participate in and benefit from the goods, services, facilities,
8.14 	privileges, advantages, and accommodations of the entity if the
8.15 	individual poses a direct threat, as defined in section 363A.03,
8.16 	subdivision 11a,to the health or safety of others. "Direct
8.17 	threat" means a significant risk to the health or safety of
8.18 	others that cannot be eliminated by a modification of policies,
8.19 	practices, or procedures or by the provision of auxiliary aids
8.20 	or services.

8.21 	Sec. 11. Minnesota Statutes 2004, section 363A.13,
8.22 	subdivision 4, is amended to read:
8.23 		Subd. 4.Purpose for information and record.  It is an
8.24 	unfair discriminatory practice to make or use a written or oral
8.25 	inquiry or form of application for admission that elicits or
8.26 	attempts to elicit information, or to make or keep a record
8.27 	concerning the race, color, national origin, sex, age, or
8.28 	marital status of a person seeking admission, unless the
8.29 	information is collected for purposes of evaluating the
8.30 	effectiveness of recruitment, admissions, and other educational
8.31 	policies, and is maintained separately from the application.

8.32 	Sec. 12. Minnesota Statutes 2004, section 363A.17, is
8.33 	amended to read:
8.34 	363A.17 BUSINESS DISCRIMINATION.
8.35 	It is an unfair discriminatory practice for a person
8.36 	engaged in a trade or business or in the provision of a service:
9.1 	(a) to intentionally refuse to do business with, to refuse
9.2 	to contract with, to refuse to provide a service to or to
9.3 	discriminate in the basic terms, conditions, or performance of
9.4 	the contract because of a person's race, national origin, color,
9.5 	sex, sexual orientation, or disability, unless the alleged
9.6 	refusal or discrimination is because of a legitimate business
9.7 	purpose;
9.8 	(a) (b) to refuse to do business with or provide a service
9.9 	to a woman based on her use of her current or former surname; or
9.10 	(b) (c) to impose, as a condition of doing business with or
9.11 	providing a service to a woman, that a woman use her current
9.12 	surname rather than a former surname; or 
9.13 	(c) to intentionally refuse to do business with, to refuse
9.14 	to contract with, or to discriminate in the basic terms,
9.15 	conditions, or performance of the contract because of a person's
9.16 	race, national origin, color, sex, sexual orientation, or
9.17 	disability, unless the alleged refusal or discrimination is
9.18 	because of a legitimate business purpose.
9.19 	Nothing in this section shall prohibit positive action
9.20 	plans.

9.21 	Sec. 13. Minnesota Statutes 2004, section 363A.19, is
9.22 	amended to read:
9.23 	363A.19 DISCRIMINATION AGAINST BLIND, DEAF, OR OTHER
9.24 	PERSONS WITH PHYSICAL OR SENSORY DISABILITIES PROHIBITED.
9.25 	(a) It is an unfair discriminatory practice for an owner,
9.26 	operator, or manager of a hotel, restaurant, public conveyance,
9.27 	or other place of public place accommodation as defined in
9.28 	section 363A.03, subdivision 34,to prohibit a blind or deaf
9.29 	person or a person with a physical or sensory disability from
9.30 	taking a service animal into the public place or conveyance if
9.31 	the service animal can be properly identified as being from a
9.32 	recognized program which trains service animals to aid blind or
9.33 	deaf persons or persons with physical or sensory disabilities,
9.34 	and if the animal is properly harnessed or leashed so that the
9.35 	blind or deaf person or a person with a physical or sensory
9.36 	disability may maintain control of the animal.
10.1 	(b) No person shall require a blind, physically
10.2 	handicapped, or deaf person to make an extra payment or pay an
10.3 	additional charge when taking a service animal into any of the
10.4 	public places referred to in paragraph (a).

10.5 	Sec. 14. Minnesota Statutes 2004, section 363A.20,
10.6 	subdivision 4, is amended to read:
10.7 		Subd. 4.Employment selection.  The provisions of section
10.8 	363A.08 do not apply to the employment of one person in place of
10.9 	another which, standing by itself, shall not be considered 
10.10 	evidence of an unfair discriminatory practice.

10.11 	Sec. 15. Minnesota Statutes 2004, section 363A.21,
10.12 	subdivision 1, is amended to read:
10.13 		Subdivision 1.Housing.  The provisions of section
10.14 	363A.09 shall not apply to:
10.15 	(a) rooms in a temporary or permanent residence home run by
10.16 	a nonprofit organization, if the discrimination is by on the
10.17 	basis of sex;
10.18 	(b) the rental by a resident owner or occupier of a
10.19 	one-family accommodation of a room or rooms in the accommodation
10.20 	to another person or persons if the discrimination is by on the
10.21 	basis of sex, marital status, status with regard to public
10.22 	assistance, sexual orientation, or disability.  Except as
10.23 	provided elsewhere in this chapter or other state or federal
10.24 	law, no person or group of persons selling, renting, or leasing
10.25 	property is required to modify the property in any way, or
10.26 	exercise a higher degree of care for a person having a
10.27 	disability than for a person who does not have a disability; nor
10.28 	shall this chapter be construed to relieve any person or persons
10.29 	of any obligations generally imposed on all persons regardless
10.30 	of any disability in a written lease, rental agreement, or
10.31 	contract of purchase or sale, or to forbid distinctions based on
10.32 	the inability to fulfill the terms and conditions, including
10.33 	financial obligations of the lease, agreement, or contract; or
10.34 	(c) the rental by a resident owner of a unit in a dwelling
10.35 	containing not more than two units, if the discrimination is on
10.36 	the basis of sexual orientation.

11.1 	Sec. 16. Minnesota Statutes 2004, section 363A.21,
11.2 	subdivision 2, is amended to read:
11.3 		Subd. 2.Familial status.  (a) The provisions of section
11.4 	363A.09 prohibiting discrimination because on the basis of
11.5 	familial status shall not be construed to defeat the
11.6 	applicability of any local, state, or federal restrictions
11.7 	regarding the maximum number of occupants permitted to occupy a
11.8 	dwelling unit and shall not apply to any owner occupied building
11.9 	containing four or fewer dwelling units or housing for elderly
11.10 	persons.
11.11 	(b) "Housing for elderly persons" means housing:
11.12 	(1) provided under any state or federal program that the
11.13 	commissioner determines is specifically designed and operated to
11.14 	assist elderly persons, as defined in the state or federal
11.15 	program;
11.16 	(2) intended for, and solely occupied by, persons 62 years
11.17 	of age or older; or
11.18 	(3) intended and operated for occupancy by at least one
11.19 	person 55 years of age or older per unit, provided that at least
11.20 	80 percent of the units are occupied by at least one person 55
11.21 	years of age or older per unit, and there is publication of, and
11.22 	adherence to, policies and procedures that demonstrate an intent
11.23 	by the owner or manager to provide housing for persons 55 years
11.24 	of age or older.
11.25 	(c) Housing does not fail to meet the requirements for
11.26 	housing for elderly persons by reason of persons residing in the
11.27 	housing as of August 1, 1989, who do not meet the age
11.28 	requirements of paragraph (b), clauses (2) and (3), if new
11.29 	occupants of the housing meet the age requirements of paragraph
11.30 	(b), clause (2) or (3).  In addition, housing does not fail to
11.31 	meet the requirements by reason of unoccupied units if
11.32 	unoccupied units are reserved for occupancy by persons who meet
11.33 	the age requirements of paragraph (b), clause (2) or (3).

11.34 	Sec. 17. Minnesota Statutes 2004, section 363A.28,
11.35 	subdivision 1, is amended to read:
11.36 		Subdivision 1.Actions.  Any person aggrieved by a
12.1 	violation of this chapter may bring a civil action as provided
12.2 	in section 363A.33, subdivision 1, or may file a verified charge
12.3 	with the commissioner or the commissioner's designated agent.  A
12.4 	verified charge filed with the commissioner must be in writing
12.5 	on a form provided by the commissioner and signed by the
12.6 	charging party.  The charge must state the name of the person
12.7 	alleged to have committed an unfair discriminatory practice and
12.8 	set out a summary of the details of the practice complained of.
12.9 	The commissioner may require a charging party to provide the
12.10 	address of the person alleged to have committed the unfair
12.11 	discriminatory practice, names of witnesses, documents, and any
12.12 	other information necessary to process the charge.  The
12.13 	commissioner may dismiss a charge when the charging party fails
12.14 	to provide required information.  The commissioner within ten
12.15 	days of the filing shall serve a copy of the charge and a form
12.16 	for use in responding to the charge upon the respondent
12.17 	personally or by mail.  The respondent shall file with the
12.18 	department a written response setting out a summary of the
12.19 	details of the respondent's position relative to the charge
12.20 	within 20 days of receipt of the charge.  If the respondent
12.21 	fails to respond with a written summary of the details of the
12.22 	respondent's position within 30 days after service of the
12.23 	charge, and service was consistent with Rule 4 of the Rules of
12.24 	Civil Procedure, the commissioner, on behalf of the complaining
12.25 	party, may bring an action for default in district court
12.26 	pursuant to Rule 55.01 of the Rules of Civil Procedure.

12.27 	Sec. 18. Minnesota Statutes 2004, section 363A.28,
12.28 	subdivision 6, is amended to read:
12.29 		Subd. 6.Charge processing.  (1) Consistent with clause
12.30 	(7), the commissioner shall promptly inquire into the truth of
12.31 	the allegations of the charge.  The commissioner shall make an
12.32 	immediate inquiry when a charge alleges actual or threatened
12.33 	physical violence.  The commissioner shall also make an
12.34 	immediate inquiry when it appears that a charge is frivolous or
12.35 	without merit and shall dismiss those charges.
12.36 	The commissioner shall give priority to investigating and
13.1 	processing those charges, in the order below, which the
13.2 	commissioner determines have the following characteristics:
13.3 	(a) there is evidence of irreparable harm if immediate
13.4 	action is not taken;
13.5 	(b) there is evidence that the respondent has intentionally
13.6 	engaged in a reprisal;
13.7 	(c) a significant number of recent charges have been filed
13.8 	against the respondent;
13.9 	(d) the respondent is a government entity;
13.10 	(e) there is potential for broadly promoting the policies
13.11 	of this chapter; or
13.12 	(f) the charge is supported by substantial and credible
13.13 	documentation, witnesses, or other evidence.
13.14 	The commissioner shall inform charging parties of these
13.15 	priorities and shall tell each party if their charge is a
13.16 	priority case or not.
13.17 	On other charges the commissioner shall make a
13.18 	determination within 12 months after the charge was filed as to
13.19 	whether or not there is probable cause to credit the allegation
13.20 	of unfair discriminatory practices, and .
13.21 	(2) If the commissioner determines after investigation that
13.22 	no probable cause exists to credit the allegations of the unfair
13.23 	discriminatory practice, the commissioner shall, within ten days
13.24 	of the determination, serve upon the charging party and
13.25 	respondent written notice of the determination.  Within ten days
13.26 	after receipt of notice, the charging party may request in
13.27 	writing, on forms prepared by the department, that the
13.28 	commissioner reconsider the determination.  The request shall
13.29 	contain a brief statement of the reasons for and new evidence in
13.30 	support of the request for reconsideration.  At the time of
13.31 	submission of the request to the commissioner, the charging
13.32 	party shall deliver or mail to the respondent a copy of the
13.33 	request for reconsideration.  The commissioner shall reaffirm,
13.34 	reverse, or vacate and remand for further consideration the
13.35 	determination of no probable cause within 20 days after receipt
13.36 	of the request for reconsideration, and shall within ten days
14.1 	notify in writing the charging party and respondent of the
14.2 	decision to reaffirm, reverse, or vacate and remand for further
14.3 	consideration.
14.4 	A decision by the commissioner that no probable cause
14.5 	exists to credit the allegations of an unfair discriminatory
14.6 	practice shall not be appealed to the Court of Appeals pursuant
14.7 	to section 363A.36 or sections 14.63 to 14.68.
14.8 	(3) If the commissioner determines after investigation that
14.9 	probable cause exists to credit the allegations of unfair
14.10 	discriminatory practices, the commissioner shall serve on the
14.11 	respondent and the respondent's attorney if the respondent is
14.12 	represented by counsel, by first class mail, a notice setting
14.13 	forth a short plain written statement memorandum of the alleged
14.14 	facts which support the finding of probable cause and an
14.15 	enumeration of the provisions of law allegedly violated.  If the
14.16 	commissioner determines that attempts to eliminate the alleged
14.17 	unfair practices through conciliation pursuant to subdivision 8
14.18 	have been or would be unsuccessful or unproductive, the
14.19 	commissioner shall issue a complaint and serve on the
14.20 	respondent, by registered or certified mail, a written notice of
14.21 	hearing together with a copy of the complaint, requiring the
14.22 	respondent to answer the allegations of the complaint at a
14.23 	hearing before an administrative law judge at a time and place
14.24 	specified in the notice, not less than ten days after service of
14.25 	said complaint.  A copy of the notice shall be furnished to the
14.26 	charging party and the attorney general.
14.27 	(4) If, at any time after the filing of a charge, the
14.28 	commissioner has reason to believe that a respondent has engaged
14.29 	in any unfair discriminatory practice, the commissioner may file
14.30 	a petition in the district court in a county in which the
14.31 	subject of the complaint occurs, or in a county in which a
14.32 	respondent resides or transacts business, seeking appropriate
14.33 	temporary relief against the respondent, pending final
14.34 	determination of proceedings under this chapter, including an
14.35 	order or decree restraining the respondent from doing or
14.36 	procuring an act tending to render ineffectual an order the
15.1 	commissioner may enter with respect to the complaint.  The court
15.2 	shall have power to grant temporary relief or a restraining
15.3 	order as it deems just and proper, but no relief or order
15.4 	extending beyond ten days shall be granted except by consent of
15.5 	the respondent or after hearing upon notice to the respondent
15.6 	and a finding by the court that there is reasonable cause to
15.7 	believe that the respondent has engaged in a discriminatory
15.8 	practice.  Except as modified by subdivisions 1 to 9 and section
15.9 	363A.06, subdivision 4, the Minnesota Rules of Civil Procedure
15.10 	shall apply to an application, and the district court shall have
15.11 	authority to grant or deny the relief sought on conditions as it
15.12 	deems just and equitable.  All hearings under subdivisions 1 to
15.13 	9 and section 363A.06, subdivision 4, shall be given precedence
15.14 	as nearly as practicable over all other pending civil actions.
15.15 	(5) If a lessor, after engaging in a discriminatory
15.16 	practice defined in section 363A.09, subdivision 1, clause (a),
15.17 	leases or rents a dwelling unit to a person who has no knowledge
15.18 	of the practice or of the existence of a charge with respect to
15.19 	the practice, the lessor shall be liable for actual damages
15.20 	sustained by a person by reason of a final order as provided in
15.21 	subdivisions 1 to 9 and section 363A.06, subdivision 4,
15.22 	requiring the person to be evicted from the dwelling unit.
15.23 	(6) In any complaint issued under subdivisions 1 to 9 and
15.24 	section 363A.06, subdivision 4, the commissioner may seek relief
15.25 	for a class of individuals affected by an unfair discriminatory
15.26 	practice occurring on or after a date one year prior to the
15.27 	filing of the charge from which the complaint originates.
15.28 	(7) The commissioner may adopt policies to determine which
15.29 	charges are processed and the order in which charges are
15.30 	processed based on their particular social or legal
15.31 	significance, administrative convenience, difficulty of
15.32 	resolution, or other standard consistent with the provisions of
15.33 	this chapter.
15.34 	(8) The chief administrative law judge shall adopt policies
15.35 	to provide sanctions for intentional and frivolous delay caused
15.36 	by any charging party or respondent in an investigation,
16.1 	hearing, or any other aspect of proceedings before the
16.2 	department under this chapter.

16.3 	Sec. 19. Minnesota Statutes 2004, section 363A.28,
16.4 	subdivision 7, is amended to read:
16.5 		Subd. 7.Application of rules.  Rules adopted pursuant to
16.6 	this subdivision chapter apply to cases pending before the
16.7 	commissioner on the date of adoption.

16.8 	Sec. 20. Minnesota Statutes 2004, section 363A.40,
16.9 	subdivision 1, is amended to read:
16.10 		Subdivision 1.Definitions.  The definitions in this
16.11 	subdivision apply to this section.
16.12 	(a) "Accessible unit" means an accessible rental housing
16.13 	unit that meets the handicapped facility requirements of the
16.14 	State Building Code, Minnesota Rules, chapter 1340 1341.
16.15 	(b) "Landlord" has the meaning given it in section
16.16 	504B.001, subdivision 7.

16.17 	ARTICLE 2
16.18 	OBSOLETE LANGUAGE AMENDMENTS

16.19 	Section 1. Minnesota Statutes 2004, section 363A.12,
16.20 	subdivision 1, is amended to read:
16.21 		Subdivision 1.Access to public service.  It is an unfair
16.22 	discriminatory practice to discriminate against any person in
16.23 	the access to, admission to, full utilization of or benefit from
16.24 	any public service because of race, color, creed, religion,
16.25 	national origin, disability, sex, sexual orientation, or status
16.26 	with regard to public assistance or to fail to ensure physical
16.27 	and program access for disabled persons unless the public
16.28 	service can demonstrate that providing the access would impose
16.29 	an undue hardship on its operation.  In determining whether
16.30 	providing physical and program access would impose an undue
16.31 	hardship, factors to be considered include:
16.32 	(a) the type and purpose of the public service's operation;
16.33 	(b) the nature and cost of the needed accommodation;
16.34 	(c) documented good faith efforts to explore less
16.35 	restrictive or less expensive alternatives; and
16.36 	(d) the extent of consultation with knowledgeable disabled
17.1 	persons and organizations.
17.2 	Physical and program access must be accomplished within six
17.3 	months of June 7, 1983, except for needed architectural
17.4 	modifications, which must be made within two years of June 7,
17.5 	1983.

17.6 	Sec. 2. Minnesota Statutes 2004, section 363A.29,
17.7 	subdivision 2, is amended to read:
17.8 		Subd. 2.Hearings 180 days after charge.  At any time
17.9 	after 180 days from the filing of a charge, if there has been
17.10 	neither a finding of probable cause nor of no probable cause,
17.11 	the charging party may file a request with the commissioner to
17.12 	appear at a hearing on the party's own behalf or through a
17.13 	private attorney.  The amount of time during which a case is
17.14 	involved in significant settlement negotiations, is being
17.15 	investigated by another enforcement agency under a work sharing
17.16 	agreement, or has been referred to mediation or to a local human
17.17 	rights commission for no fault grievance processing is not
17.18 	counted in computing the 180 days.  Tolling of the time during
17.19 	settlement negotiations requires written approval of the
17.20 	charging party or the party's attorney.  The right of a charging
17.21 	party to file a request for hearing does not apply in cases that
17.22 	have been certified as complex by the commissioner within 60
17.23 	days of the filing of the charge.  A case may not be certified
17.24 	as complex unless it involves multiple parties or issues,
17.25 	presents complex issues of law or fact, or presents
17.26 	substantially new issues of law in the discrimination area.
17.27 	Within five days of certifying a case as complex, the
17.28 	commissioner shall give notice of the certification to the
17.29 	charging party and the respondent.  The commissioner shall make
17.30 	a determination of probable cause or no probable cause within
17.31 	one year of the filing of a case in which the time has not been
17.32 	counted or a case certified as complex.  Upon receipt of the
17.33 	request, the commissioner shall review the documents and
17.34 	information held in the department's files concerning the charge
17.35 	and shall release to the charging party and respondent all
17.36 	documents and information that are accessible to the charging
18.1 	party and respondent under chapter 13.  The commissioner shall
18.2 	forward the request for hearing to the Office of Administrative
18.3 	Hearings, which shall promptly set the matter for hearing.  If
18.4 	the charging party prevails at this hearing, the administrative
18.5 	law judge may require the respondent to reimburse the charging
18.6 	party for reasonable attorney's fees.

18.7 	Sec. 3. REPEALER.
 18.8 	Minnesota Statutes 2004, section 363A.03, subdivisions 3
18.9 	and 29, are repealed.

18.10 	ARTICLE 3
18.11 	OMISSIONS AMENDMENTS

18.12 	Section 1. Minnesota Statutes 2004, section 363A.02,
18.13 	subdivision 1, is amended to read:
18.14 		Subdivision 1.Freedom from discrimination.  (a) It is
18.15 	the public policy of this state to secure for persons in this
18.16 	state, freedom from discrimination:
18.17 	(1) in employment because of race, color, creed, religion,
18.18 	national origin, sex, marital status, disability, status with
18.19 	regard to public assistance, sexual orientation, and age, and
18.20 	membership or activity in a local human rights commission;
18.21 	(2) in housing and real property because of race, color,
18.22 	creed, religion, national origin, sex, marital status,
18.23 	disability, status with regard to public assistance, sexual
18.24 	orientation, and familial status;
18.25 	(3) in public accommodations because of race, color, creed,
18.26 	religion, national origin, sex, marital status,sexual
18.27 	orientation, and disability;
18.28 	(4) in public services because of race, color, creed,
18.29 	religion, national origin, sex, marital status, disability,
18.30 	sexual orientation, and status with regard to public assistance;
18.31 	and 
18.32 	(5) in education because of race, color, creed, religion,
18.33 	national origin, sex, marital status, disability, status with
18.34 	regard to public assistance, sexual orientation, and age.;
18.35 	(6) in credit because of race, color, creed, religion,
18.36 	national origin, sex, marital status, disability, status with
19.1 	regard to public assistance, and sexual orientation;
19.2 	(7) in business because of race, color, national origin,
19.3 	sex, disability, and sexual orientation; and 
19.4 	(8) due to reprisal because of race, color, creed,
19.5 	religion, national origin, sex, marital status, disability,
19.6 	status with regard to public assistance, age, sexual
19.7 	orientation, familial status, or membership or activity in a
19.8 	local human rights commission.  Such discrimination threatens
19.9 	the rights and privileges of the inhabitants of this state and
19.10 	menaces the institutions and foundations of democracy.  It is
19.11 	also the public policy of this state to protect all persons from
19.12 	wholly unfounded charges of discrimination.  Nothing in this
19.13 	chapter shall be interpreted as restricting the implementation
19.14 	of positive action programs to combat discrimination.
19.15 	(b) Such discrimination threatens the rights and privileges
19.16 	of the inhabitants of this state and menaces the institutions
19.17 	and foundations of democracy.  It is also the public policy of
19.18 	this state to protect all persons from wholly unfounded charges
19.19 	of discrimination.  Nothing in this chapter shall be interpreted
19.20 	as restricting the implementation of positive action programs to
19.21 	combat discrimination.

19.22 	Sec. 2. Minnesota Statutes 2004, section 363A.02,
19.23 	subdivision 2, is amended to read:
19.24 		Subd. 2.Civil right.  The opportunity to obtain
19.25 	employment, housing,and other real estate, and credit; the
19.26 	opportunity to conduct business;and the opportunity to obtain 
19.27 	full and equal utilization of public accommodations, public
19.28 	services, and educational institutions without such
19.29 	discrimination as is prohibited by this chapter is are hereby
19.30 	recognized as and declared to be a civil right rights.

19.31 	Sec. 3. Minnesota Statutes 2004, section 363A.03, is
19.32 	amended by adding a subdivision to read:
19.33 		Subd. 11a.Direct threat. "Direct threat" means a
19.34 	significant risk to the health or safety of others that cannot
19.35 	be eliminated by a modification of policies, practices, or
19.36 	procedures or by the provision of auxiliary aids or services.

20.1 	Sec. 4. Minnesota Statutes 2004, section 363A.03,
20.2 	subdivision 31, is amended to read:
20.3 		Subd. 31.Physical access.  "Physical access" means (1)
20.4 	the absence of physical obstacles that limit a disabled person's
20.5 	opportunity for full and equal use of or benefit from goods,
20.6 	services, and privileges; or, when necessary, (2) the use of
20.7 	methods to overcome the discriminatory effect of physical
20.8 	obstacles.  The methods may include redesign of equipment,or
20.9 	facilities,assignment of aides, or use of alternate accessible
20.10 	locations.

20.11 	Sec. 5. Minnesota Statutes 2004, section 363A.03,
20.12 	subdivision 42, is amended to read:
20.13 		Subd. 42.Sex.  "Sex" includes, but is not limited to,
20.14 	pregnancy, childbirth, and disabilities related to pregnancy or
20.15 	childbirth, and sexual harassment.

20.16 	Sec. 6. Minnesota Statutes 2004, section 363A.03, is
20.17 	amended by adding a subdivision to read:
20.18 		Subd. 50.Verified charge. "Verified charge" means a
20.19 	written statement signed under oath or affirmation, filed by any
20.20 	person including the commissioner, containing a statement of
20.21 	allegation that a person may have engaged or may be engaging in
20.22 	an unfair discriminatory practice.

20.23 	Sec. 7. Minnesota Statutes 2004, section 363A.04, is
20.24 	amended to read:
20.25 	363A.04 CONSTRUCTION AND EXCLUSIVITY.
20.26 	The provisions of this chapter shall be construed liberally
20.27 	for the accomplishment of the purposes thereof.  Nothing
20.28 	contained in this chapter shall be deemed to repeal any of the
20.29 	provisions of the civil rights law or of any other law of this
20.30 	state relating to discrimination because of race, creed, color,
20.31 	religion, sex, age, disability, marital status, status with
20.32 	regard to public assistance, national origin, sexual
20.33 	orientation, or familial status, or membership or activity in a
20.34 	local human rights commission; but, as to acts declared unfair
20.35 	by sections 363A.08 to 363A.19, and 363A.28, subdivision 10, the
20.36 	procedure herein provided shall, while pending, be exclusive.

21.1 	Sec. 8. Minnesota Statutes 2004, section 363A.08,
21.2 	subdivision 1, is amended to read:
21.3 		Subdivision 1.Labor organization.  Except when based on
21.4 	a bona fide occupational qualification, it is an unfair
21.5 	employment practice for a labor organization, because of race,
21.6 	color, creed, religion, national origin, sex, marital status,
21.7 	status with regard to public assistance, disability, sexual
21.8 	orientation, or age, or membership or activity in a local human
21.9 	rights commission:
21.10 	(a) to deny full and equal membership rights to a person
21.11 	seeking membership or to a member;
21.12 	(b) to expel a member from membership;
21.13 	(c) to discriminate against a person seeking membership or
21.14 	a member with respect to hiring, apprenticeship, tenure,
21.15 	compensation, terms, upgrading, conditions, facilities, or
21.16 	privileges of employment; or
21.17 	(d) to fail to classify properly, or refer for employment
21.18 	or otherwise to discriminate against a person or member.

21.19 	Sec. 9. Minnesota Statutes 2004, section 363A.08,
21.20 	subdivision 2, is amended to read:
21.21 		Subd. 2.Employer.  Except when based on a bona fide
21.22 	occupational qualification, it is an unfair employment practice
21.23 	for an employer, because of race, color, creed, religion,
21.24 	national origin, sex, marital status, status with regard to
21.25 	public assistance, membership or activity in a local human
21.26 	rights commission, disability, sexual orientation, or age to:
21.27 	(a) refuse to hire or to maintain a system of employment
21.28 	which unreasonably excludes a person seeking employment; or
21.29 	(b) discharge an employee; or
21.30 	(c) discriminate against a person with respect to hiring,
21.31 	tenure, compensation, terms, upgrading, conditions, facilities,
21.32 	or privileges of employment.

21.33 	Sec. 10. Minnesota Statutes 2004, section 363A.08,
21.34 	subdivision 3, is amended to read:
21.35 		Subd. 3.Employment agency.  Except when based on a bona
21.36 	fide occupational qualification, it is an unfair employment
22.1 	practice for an employment agency, because of race, color,
22.2 	creed, religion, national origin, sex, marital status, status
22.3 	with regard to public assistance, disability, sexual
22.4 	orientation, or age, or membership or activity in a local human
22.5 	rights commission to:
22.6 	(a) refuse or fail to accept, register, classify properly,
22.7 	or refer for employment or otherwise to discriminate against a
22.8 	person; or
22.9 	(b) comply with a request from an employer for referral of
22.10 	applicants for employment if the request indicates directly or
22.11 	indirectly that the employer fails to comply with the provisions
22.12 	of this chapter.

22.13 	Sec. 11. Minnesota Statutes 2004, section 363A.08,
22.14 	subdivision 4, is amended to read:
22.15 		Subd. 4.Employer, employment agency, or labor
22.16 	organization.  (a) Except when based on a bona fide occupational
22.17 	qualification, it is an unfair employment practice for an
22.18 	employer, employment agency, or labor organization, before a
22.19 	person is employed by an employer or admitted to membership in a
22.20 	labor organization, to:
22.21 	(1) require or request the person to furnish information
22.22 	that pertains to race, color, creed, religion, national origin,
22.23 	sex, marital status, status with regard to public assistance,
22.24 	disability, sexual orientation, or age, or membership or
22.25 	activity in a local human rights commission; or, subject to
22.26 	section 363A.20, subdivisions 1 to 7, and 8, paragraph (a),
22.27 	clauses (1) to (5), to require or request a person to undergo
22.28 	physical examination; unless for the sole and exclusive purpose
22.29 	of national security, information pertaining to national
22.30 	origin is as required by the United States, this state or a
22.31 	political subdivision or agency of the United States or of this
22.32 	state, or for the sole and exclusive purpose of compliance with
22.33 	the Public Contracts Act or any rule, regulation, or laws of the
22.34 	United States or of this state requiring the information or
22.35 	examination.  A law enforcement agency may, after notifying an
22.36 	applicant for a peace officer or part-time peace officer
23.1 	position that the law enforcement agency is commencing the
23.2 	background investigation on the applicant, request the
23.3 	applicant's date of birth, gender, and race on a separate form
23.4 	for the sole and exclusive purpose of conducting a criminal
23.5 	history check, a driver's license check, and fingerprint
23.6 	criminal history inquiry.  The form shall include a statement
23.7 	indicating why the data is being collected and what its limited
23.8 	use will be.  No document which has date of birth, gender, or
23.9 	race information will be included in the information given to or
23.10 	available to any person who is involved in selecting the person
23.11 	or persons employed other than the background investigator.  No
23.12 	person may act both as background investigator and be involved
23.13 	in the selection of an employee except that the background
23.14 	investigator's report about background may be used in that
23.15 	selection as long as no direct or indirect references are made
23.16 	to the applicant's race, age, or gender; or
23.17 	(2) seek and obtain for purposes of making a job decision,
23.18 	information from any source that pertains to the person's race,
23.19 	color, creed, religion, national origin, sex, marital status,
23.20 	status with regard to public assistance, disability, sexual
23.21 	orientation, membership or activity in a local human rights
23.22 	commission,or age, unless for the sole and exclusive purpose of
23.23 	compliance with the Public Contracts Act or any rule,
23.24 	regulation, or laws of the United States or of this state
23.25 	requiring the information; or
23.26 	(3) cause to be printed or published a notice or
23.27 	advertisement that relates to employment or membership and
23.28 	discloses a preference, limitation, specification, or
23.29 	discrimination based on race, color, creed, religion, national
23.30 	origin, sex, marital status, status with regard to public
23.31 	assistance, membership or activity in a local human rights
23.32 	commission,disability, sexual orientation, or age.
23.33 	(b) Any individual who is required to provide information
23.34 	that is prohibited by this subdivision is an aggrieved party 
23.35 	person under section 363A.06, subdivision 4, and 363A.28,
23.36 	subdivisions 1 to 9.

24.1 	Sec. 12. Minnesota Statutes 2004, section 363A.09,
24.2 	subdivision 4, is amended to read:
24.3 		Subd. 4.Real property transaction.  It is an unfair
24.4 	discriminatory practice for any real estate broker or real
24.5 	estate salesperson, for the purpose of inducing a real property
24.6 	transaction from which the person, the person's firm, or any of
24.7 	its members may benefit financially, to represent that a change
24.8 	has occurred or will or may occur in the composition with
24.9 	respect to race, creed, color, national origin, sex, marital
24.10 	status, status with regard to public assistance, sexual
24.11 	orientation, religion, familial status,or disability of the
24.12 	owners or occupants in the block, neighborhood, or area in which
24.13 	the real property is located, and to represent, directly or
24.14 	indirectly, that this change will or may result in undesirable
24.15 	consequences in the block, neighborhood, or area in which the
24.16 	real property is located, including but not limited to the
24.17 	lowering of property values, an increase in criminal or
24.18 	antisocial behavior, or a decline in the quality of schools or
24.19 	other public facilities.

24.20 	Sec. 13. Minnesota Statutes 2004, section 363A.15, is
24.21 	amended to read:
24.22 	363A.15 REPRISALS.
24.23 	A reprisal includes, but is not limited to, any form of
24.24 	intimidation, retaliation, or harassment.It is an unfair
24.25 	discriminatory practice for any individual who participated in
24.26 	the alleged discrimination as a perpetrator, employer, labor
24.27 	organization, employment agency, public accommodation, public
24.28 	service, educational institution, or owner, lessor, lessee,
24.29 	sublessee, assignee or managing agent of any real property, or
24.30 	any real estate broker, real estate salesperson, or employee or
24.31 	agent thereof to intentionally engage in any reprisal against
24.32 	any person because that person:
24.33 	(1) Opposed a practice forbidden under this chapter or has
24.34 	filed a charge, testified, assisted, or participated in any
24.35 	manner in an investigation, proceeding, or hearing under this
24.36 	chapter; or
25.1 	(2) Associated with a person or group of persons who are
25.2 	disabled or who are of different race, color, creed, religion,
25.3 	sexual orientation, sex, age, familial status, marital status,
25.4 	status with regard to public assistance, and membership or
25.5 	activity in a local human rights commission,or national origin.
25.6 	A reprisal includes, but is not limited to, any form of
25.7 	intimidation, retaliation, or harassment.It is a reprisal for
25.8 	an employer to do any of the following with respect to an
25.9 	individual because that individual has engaged in the activities
25.10 	listed in clause (1) or (2):  refuse to hire the individual;
25.11 	depart from any customary employment practice; transfer or
25.12 	assign the individual to a lesser position in terms of wages,
25.13 	hours, job classification, job security, or other employment
25.14 	status; or inform another employer that the individual has
25.15 	engaged in the activities listed in clause (1) or (2).