2 | | - | 1.2 relating to political activity; prohibiting employers from engaging in reprisals; |
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3 | | - | 1.3 prohibiting reprisals for refusing to communicate with public or local officials; |
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4 | | - | 1.4 clarifying prohibited reprisals for political activity; providing for a civil cause of |
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5 | | - | 1.5 action; amending Minnesota Statutes 2024, section 10A.36. |
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6 | | - | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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7 | | - | 1.7 Section 1. Minnesota Statutes 2024, section 10A.36, is amended to read: |
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8 | | - | 1.8 10A.36 REPRISALS PROHIBITED; PENALTY. |
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9 | | - | 1.9 (a) An employer, individual, or association must not engage in economic reprisals or |
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10 | | - | 1.10threaten loss of employment or physical coercion against an individual or association because |
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11 | | - | 1.11of that individual's or association's: |
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12 | | - | 1.12 (1) political contributions or political activity including for becoming a candidate for |
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13 | | - | 1.13elected public office, unless precluded by other law; or |
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14 | | - | 1.14 (2) refusal to communicate with public or local officials to influence a decision about a |
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15 | | - | 1.15legislative or administrative action or the official action of a political subdivision. |
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16 | | - | 1.16 (b) This subdivision section does not apply to compensation for employment or, loss of |
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17 | | - | 1.17employment if, or economic reprisals: |
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18 | | - | 1.18 (1) if the political affiliation or viewpoint of the employee is a bona fide occupational |
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19 | | - | 1.19qualification of the employment; or |
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20 | | - | 1.20 (2) for communications described in paragraph (a), clause (1), if the individual's |
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21 | | - | 1.21responsibilities, through employment or contract, include communicating with public or |
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22 | | - | 1.22local officials. |
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| 2 | + | 1.2 relating to political activity; prohibiting reprisals for refusing to communicate with |
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| 3 | + | 1.3 public or local officials; amending Minnesota Statutes 2024, section 10A.36. |
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| 4 | + | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 5 | + | 1.5 Section 1. Minnesota Statutes 2024, section 10A.36, is amended to read: |
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| 6 | + | 1.6 10A.36 REPRISALS PROHIBITED; PENALTY. |
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| 7 | + | 1.7 (a) An individual or association must not engage in economic reprisals or threaten loss |
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| 8 | + | 1.8of employment or physical coercion against an individual or association because of that |
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| 9 | + | 1.9individual's or association's: |
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| 10 | + | 1.10 (1) political contributions or political activity; or |
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| 11 | + | 1.11 (2) refusal to communicate with public or local officials about a legislative or |
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| 12 | + | 1.12administrative action or the official action of a political subdivision. |
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| 13 | + | 1.13 (b) This subdivision section does not apply to compensation for employment or loss of |
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| 14 | + | 1.14employment if the political affiliation or viewpoint of the employee is a bona fide |
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| 15 | + | 1.15occupational qualification of the employment. |
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| 16 | + | 1.16 (c) An individual or association that violates this section is guilty of a gross misdemeanor. |
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32 | | - | Comm report: To pass and re-referred to Judiciary and Public Safety64403/06/2025 |
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33 | | - | Author added Marty675 |
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34 | | - | Comm report: To pass as amended and re-refer to Elections04/01/2025 2.1 (c) An individual or association injured by a violation of this section may bring a civil |
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35 | | - | 2.2action in district court for damages, injunctive relief, costs and reasonable attorney fees, |
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36 | | - | 2.3and any other relief the court deems just and equitable, including reinstatement of |
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37 | | - | 2.4employment. |
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38 | | - | 2.5 (d) An employer, individual, or association that violates this section is guilty of a gross |
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39 | | - | 2.6misdemeanor. The board may refer a violation of this section to the appropriate county |
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40 | | - | 2.7attorney. |
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41 | | - | 2.8 (e) For purposes of this section, "employer" means a person or entity that employs one |
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42 | | - | 2.9or more employees and includes an individual, corporation, partnership, association, business, |
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43 | | - | 2.10trust, nonprofit organization, group of persons, legislature, judicial branch, state, county, |
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44 | | - | 2.11town, city, school district, or other governmental subdivision. |
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45 | | - | 2.12 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to violations |
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46 | | - | 2.13committed on or after that date and to causes of action accruing on or after that date. |
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47 | | - | 2Section 1. |
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48 | | - | S1854-1 1st EngrossmentSF1854 REVISOR JFK |
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