Minnesota Human Rights Act to provide protection for veterans

A bill for an act

relating to human rights; providing protection for veterans in the Minnesota Human

Rights Act; amending Minnesota Statutes 2024, sections 363A.02, subdivision 1;

363A.03, by adding a subdivision; 363A.08, subdivisions 1, 2, 3, 4; 363A.09,

subdivisions 1, 2; 363A.11, subdivision 1; 363A.12, subdivision 1; 363A.13,

subdivision 2; 363A.20, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 363A.02, subdivision 1, is amended to read:

Subdivision 1.

Freedom from discrimination.

(a) It is the public policy of this state to

secure for persons in this state, freedom from discrimination:

(1) in employment because of one or more of the following: race, color, creed, religion,

national origin, sex, gender identity, marital status,
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veteran or military status,
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disability,

status with regard to public assistance, sexual orientation, familial status, and age;

(2) in housing and real property because of one or more of the following: race, color,

creed, religion, national origin, sex, gender identity, marital status,
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veteran or military status,
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disability, status with regard to public assistance, sexual orientation, and familial status;

(3) in public accommodations because of one or more of the following: race, color,

creed, religion, national origin, sex, gender identity, sexual orientation,
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veteran or military

status,
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and disability;

(4) in public services because of one or more of the following: race, color, creed, religion,

national origin, sex, gender identity, marital status,
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veteran or military status,
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disability,

sexual orientation, and status with regard to public assistance; and

(5) in education because of one or more of the following: race, color, creed, religion,

national origin, sex, gender identity, marital status,
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veteran or military status,
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disability,

status with regard to public assistance, sexual orientation, and age.

(b) Such discrimination threatens the rights and privileges of the inhabitants of this state

and menaces the institutions and foundations of democracy. It is also the public policy of

this state to protect all persons from wholly unfounded charges of discrimination. Nothing

in this chapter shall be interpreted as restricting the implementation of positive action

programs to combat discrimination.

Sec. 2.

Minnesota Statutes 2024, section 363A.03, is amended by adding a subdivision to

read:

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Subd. 51.

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Veteran or military status.

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"Veteran or military status" means a member of

the armed forces, including active and reserve components of the United States Army, Navy,

Air Force, Marine Corps, or Coast Guard and the National Guard of a state, a military

veteran as defined in United States Code, title 38, section 101, et seq., or a veteran of the

Secret War in Laos under section 197.448.

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Sec. 3.

Minnesota Statutes 2024, section 363A.08, subdivision 1, is amended to read:

Subdivision 1.

Labor organization.

Except when based on a bona fide occupational

qualification, it is an unfair employment practice for a labor organization, because of race,

color, creed, religion, national origin, sex, gender identity, marital status, status with regard

to public assistance, familial status,
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veteran or military status,
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disability, sexual orientation,

or age:

(1) to deny full and equal membership rights to a person seeking membership or to a

member;

(2) to expel a member from membership;

(3) to discriminate against a person seeking membership or a member with respect to

hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities, or

privileges of employment; or

(4) to fail to classify properly, or refer for employment or otherwise to discriminate

against a person or member.

Sec. 4.

Minnesota Statutes 2024, section 363A.08, subdivision 2, is amended to read:

Subd. 2.

Employer.

Except when based on a bona fide occupational qualification, it is

an unfair employment practice for an employer, because of race, color, creed, religion,

national origin, sex, gender identity, marital status, status with regard to public assistance,

familial status,
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veteran or military status,
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membership or activity in a local commission,

disability, sexual orientation, or age to:

(1) refuse to hire or to maintain a system of employment which unreasonably excludes

a person seeking employment; or

(2) discharge an employee; or

(3) discriminate against a person with respect to hiring, tenure, compensation, terms,

upgrading, conditions, facilities, or privileges of employment.

Sec. 5.

Minnesota Statutes 2024, section 363A.08, subdivision 3, is amended to read:

Subd. 3.

Employment agency.

Except when based on a bona fide occupational

qualification, it is an unfair employment practice for an employment agency, because of

race, color, creed, religion, national origin, sex, gender identity, marital status, status with

regard to public assistance, familial status,
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veteran or military status,
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disability, sexual

orientation, or age to:

(1) refuse or fail to accept, register, classify properly, or refer for employment or

otherwise to discriminate against a person; or

(2) 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 comply with the

provisions of this chapter.

Sec. 6.

Minnesota Statutes 2024, section 363A.08, subdivision 4, is amended to read:

Subd. 4.

Employer, employment agency, or labor organization.

(a) Except when

based on a bona fide occupational qualification, it is an unfair employment practice for an

employer, employment agency, or labor organization, before a person is employed by an

employer or admitted to membership in a labor organization, to:

(1) require or request the person to furnish information that pertains to race, color, creed,

religion, national origin, sex, gender identity, marital status, status with regard to public

assistance, familial status,
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veteran or military status,
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disability, sexual orientation, or age;

or, subject to section
363A.20
, to require or request a person to undergo physical examination;

unless for the sole and exclusive purpose of national security, information pertaining to

national origin is required by the United States, this state or a political subdivision or agency

of the United States or this state, or for the sole and exclusive purpose of compliance with

the Public Contracts Act or any rule, regulation, or laws of the United States or of this state

requiring the information or examination. A law enforcement agency may, after notifying

an applicant 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

date of birth, gender, and race on a separate form for the sole and exclusive purpose of

conducting a criminal history check, a driver's license check, and fingerprint criminal history

inquiry. The form shall include a statement indicating why the data is being collected 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 person who is involved in

selecting the person or persons employed other than the background investigator. No person

may act both as background investigator and be involved in the selection of an employee

except that the background investigator's report about background may be used in that

selection as long as no direct or indirect references are made to the applicant's race, age, or

gender; or

(2) seek and obtain for purposes of making a job decision, information from any source

that pertains to the person's race, color, creed, religion, national origin, sex, gender identity,

marital status, status with regard to public assistance, familial status, disability, sexual

orientation, or age, unless for the sole and exclusive purpose of compliance with the Public

Contracts Act or any rule, regulation, or laws of the United States or of this state requiring

the information; or

(3) cause to be printed or published a notice or advertisement that relates to employment

or membership and discloses a preference, limitation, specification, or discrimination based

on race, color, creed, religion, national origin, sex, gender identity, marital status, status

with regard to public assistance, familial status, disability, sexual orientation, or age.

(b) Any individual who is required to provide information that is prohibited by this

subdivision is an aggrieved party under sections
363A.06, subdivision 4
, and
363A.28
,

subdivisions 1 to 9.

Sec. 7.

Minnesota Statutes 2024, section 363A.09, subdivision 1, is amended to read:

Subdivision 1.

Real property interest; action by owner, lessee, and others.

It is an

unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent

of, or other person having the right to sell, rent or lease any real property, or any agent of

any of these:

(1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or

group of persons any real property because of race, color, creed, religion, national origin,

sex, gender identity, marital status,
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veteran or military status,
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status with regard to public

assistance, disability, sexual orientation, or familial status; or

(2) to discriminate against any person or group of persons because of race, color, creed,

religion, national origin, sex, gender identity, marital status, status with regard to public

assistance, disability, sexual orientation, or familial status in the terms, conditions or

privileges of the sale, rental or lease of any real property or in the furnishing of facilities or

services in connection therewith, except that nothing in this clause shall be construed to

prohibit the adoption of reasonable rules intended to protect the safety of minors in their

use of the real property or any facilities or services furnished in connection therewith; or

(3) in any transaction involving real property, to print, circulate or post or cause to be

printed, circulated, or posted any advertisement or sign, or use any form of application for

the purchase, rental or lease of real property, or make any record or inquiry in connection

with the prospective purchase, rental, or lease of real property which expresses, directly or

indirectly, any limitation, specification, or discrimination as to race, color, creed, religion,

national origin, sex, gender identity, marital status, status with regard to public assistance,

disability, sexual orientation, or familial status, or any intent to make any such limitation,

specification, or discrimination except that nothing in this clause shall be construed to

prohibit the advertisement of a dwelling unit as available to adults-only if the person placing

the advertisement reasonably believes that the provisions of this section prohibiting

discrimination because of familial status do not apply to the dwelling unit.

Sec. 8.

Minnesota Statutes 2024, section 363A.09, subdivision 2, is amended to read:

Subd. 2.

Real property interest; action by brokers, agents, and others.

It is an unfair

discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent

thereof:

(1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property

to any person or group of persons or to negotiate for the sale, rental, or lease of any real

property to any person or group of persons because of race, color, creed, religion, national

origin, sex, gender identity, marital status,
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veteran or military status,
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status with regard to

public assistance, disability, sexual orientation, or familial status or represent that real

property is not available for inspection, sale, rental, or lease when in fact it is so available,

or otherwise deny or withhold any real property or any facilities of real property to or from

any person or group of persons because of race, color, creed, religion, national origin, sex,

gender identity, marital status, status with regard to public assistance, disability, sexual

orientation, or familial status; or

(2) to discriminate against any person because of race, color, creed, religion, national

origin, sex, gender identity, marital status, status with regard to public assistance, disability,

sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental

or lease of real property or in the furnishing of facilities or services in connection therewith;

or

(3) to print, circulate, or post or cause to be printed, circulated, or posted any

advertisement or sign, or use any form of application for the purchase, rental, or lease of

any real property or make any record or inquiry in connection with the prospective purchase,

rental or lease of any real property, which expresses directly or indirectly, any limitation,

specification or discrimination as to race, color, creed, religion, national origin, sex, gender

identity, marital status, status with regard to public assistance, disability, sexual orientation,

or familial status or any intent to make any such limitation, specification, or discrimination

except that nothing in this clause shall be construed to prohibit the advertisement of a

dwelling unit as available to adults-only if the person placing the advertisement reasonably

believes that the provisions of this section prohibiting discrimination because of familial

status do not apply to the dwelling unit.

Sec. 9.

Minnesota Statutes 2024, section 363A.11, subdivision 1, is amended to read:

Subdivision 1.

Full and equal enjoyment of public accommodations.

(a) It is an unfair

discriminatory practice:

(1) to deny any person the full and equal enjoyment of the goods, services, facilities,

privileges, advantages, and accommodations of a place of public accommodation because

of race, color, creed, religion, disability, national origin, marital status,
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veteran or military

status,
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sexual orientation, sex, or gender identity, or for a taxicab company to discriminate

in the access to, full utilization of, or benefit from service because of a person's disability;

or

(2) for a place of public accommodation not to make reasonable accommodation to the

known physical, sensory, or mental disability of a disabled person. In determining whether

an accommodation is reasonable, the factors to be considered may include:

(i) the frequency and predictability with which members of the public will be served by

the accommodation at that location;

(ii) the size of the business or organization at that location with respect to physical size,

annual gross revenues, and the number of employees;

(iii) the extent to which disabled persons will be further served from the accommodation;

(iv) the type of operation;

(v) the nature and amount of both direct costs and legitimate indirect costs of making

the accommodation and the reasonableness for that location to finance the accommodation;

and

(vi) the extent to which any persons may be adversely affected by the accommodation.

(b) State or local building codes control where applicable. Violations of state or local

building codes are not violations of this chapter and must be enforced under normal building

code procedures.

Sec. 10.

Minnesota Statutes 2024, section 363A.12, subdivision 1, is amended to read:

Subdivision 1.

Access to public service.

It is an unfair discriminatory practice to

discriminate against any person in the access to, admission to, full utilization of or benefit

from any public service because of race, color, creed, religion, national origin, disability,
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veteran or military status,
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sex, gender identity, sexual orientation, or status with regard to

public assistance or to fail to ensure physical and program access for disabled persons unless

the public service can demonstrate that providing the access would impose an undue hardship

on its operation. In determining whether providing physical and program access would

impose an undue hardship, factors to be considered include:

(1) the type and purpose of the public service's operation;

(2) the nature and cost of the needed accommodation;

(3) documented good faith efforts to explore less restrictive or less expensive alternatives;

and

(4) the extent of consultation with knowledgeable disabled persons and organizations.

Physical and program access must be accomplished within six months of June 7, 1983,

except for needed architectural modifications, which must be made within two years of June

7, 1983.

Sec. 11.

Minnesota Statutes 2024, section 363A.13, subdivision 2, is amended to read:

Subd. 2.

Exclude, expel, or selection.

It is an unfair discriminatory practice to exclude,

expel, or otherwise discriminate against a person seeking admission as a student, or a person

enrolled as a student because of race, color, creed, religion, national origin, sex, gender

identity, age, marital status,
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veteran or military status,
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status with regard to public assistance,

sexual orientation, or disability.

Sec. 12.

Minnesota Statutes 2024, section 363A.20, is amended by adding a subdivision

to read:

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Subd. 11.

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Veterans status.

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Nothing in this chapter supersedes, nullifies, or repeals

preferential treatment of veterans in federal, state, or local law.

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