| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to human rights; prohibiting discrimination based on political affiliation; |
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| 3 | 3 | | 1.3 amending Minnesota Statutes 2024, sections 363A.03, by adding a subdivision; |
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| 4 | 4 | | 1.4 363A.08, subdivisions 1, 2, 3, 4; 363A.09, subdivisions 1, 2, 3, 4; 363A.11, |
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| 5 | 5 | | 1.5 subdivision 1; 363A.12, subdivision 1; 363A.13; 363A.16, subdivision 1; 363A.17. |
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| 6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 363A.03, is amended by adding a subdivision |
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| 8 | 8 | | 1.8to read: |
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| 9 | 9 | | 1.9 Subd. 31a.Political affiliation."Political affiliation" means association with a political |
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| 10 | 10 | | 1.10party, support or failure to support a political candidate, or support or failure to support a |
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| 11 | 11 | | 1.11political party. |
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| 12 | 12 | | 1.12 Sec. 2. Minnesota Statutes 2024, section 363A.08, subdivision 1, is amended to read: |
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| 13 | 13 | | 1.13 Subdivision 1.Labor organization.Except when based on a bona fide occupational |
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| 14 | 14 | | 1.14qualification, it is an unfair employment practice for a labor organization, because of race, |
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| 15 | 15 | | 1.15color, creed, religion, national origin, sex, gender identity, political affiliation, marital status, |
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| 16 | 16 | | 1.16status with regard to public assistance, familial status, disability, sexual orientation, or age: |
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| 17 | 17 | | 1.17 (1) to deny full and equal membership rights to a person seeking membership or to a |
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| 18 | 18 | | 1.18member; |
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| 19 | 19 | | 1.19 (2) to expel a member from membership; |
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| 20 | 20 | | 1.20 (3) to discriminate against a person seeking membership or a member with respect to |
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| 21 | 21 | | 1.21hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities, or |
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| 22 | 22 | | 1.22privileges of employment; or |
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| 23 | 23 | | 1Sec. 2. |
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| 24 | 24 | | 25-01117 as introduced12/09/24 REVISOR SGS/BM |
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| 25 | 25 | | SENATE |
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| 26 | 26 | | STATE OF MINNESOTA |
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| 27 | 27 | | S.F. No. 407NINETY-FOURTH SESSION |
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| 28 | 28 | | (SENATE AUTHORS: EICHORN) |
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| 29 | 29 | | OFFICIAL STATUSD-PGDATE |
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| 30 | 30 | | Introduction and first reading01/21/2025 |
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| 31 | 31 | | Referred to Judiciary and Public Safety 2.1 (4) to fail to classify properly, or refer for employment or otherwise to discriminate |
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| 32 | 32 | | 2.2against a person or member. |
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| 33 | 33 | | 2.3 Sec. 3. Minnesota Statutes 2024, section 363A.08, subdivision 2, is amended to read: |
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| 34 | 34 | | 2.4 Subd. 2.Employer.Except when based on a bona fide occupational qualification, it is |
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| 35 | 35 | | 2.5an unfair employment practice for an employer, because of race, color, creed, religion, |
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| 36 | 36 | | 2.6national origin, sex, gender identity, political affiliation, marital status, status with regard |
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| 37 | 37 | | 2.7to public assistance, familial status, membership or activity in a local commission, disability, |
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| 38 | 38 | | 2.8sexual orientation, or age to: |
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| 39 | 39 | | 2.9 (1) refuse to hire or to maintain a system of employment which unreasonably excludes |
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| 40 | 40 | | 2.10a person seeking employment; or |
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| 41 | 41 | | 2.11 (2) discharge an employee; or |
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| 42 | 42 | | 2.12 (3) discriminate against a person with respect to hiring, tenure, compensation, terms, |
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| 43 | 43 | | 2.13upgrading, conditions, facilities, or privileges of employment. |
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| 44 | 44 | | 2.14 Sec. 4. Minnesota Statutes 2024, section 363A.08, subdivision 3, is amended to read: |
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| 45 | 45 | | 2.15 Subd. 3.Employment agency.Except when based on a bona fide occupational |
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| 46 | 46 | | 2.16qualification, it is an unfair employment practice for an employment agency, because of |
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| 47 | 47 | | 2.17race, color, creed, religion, national origin, sex, gender identity, political affiliation, marital |
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| 48 | 48 | | 2.18status, status with regard to public assistance, familial status, disability, sexual orientation, |
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| 49 | 49 | | 2.19or age to: |
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| 50 | 50 | | 2.20 (1) refuse or fail to accept, register, classify properly, or refer for employment or |
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| 51 | 51 | | 2.21otherwise to discriminate against a person; or |
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| 52 | 52 | | 2.22 (2) comply with a request from an employer for referral of applicants for employment |
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| 53 | 53 | | 2.23if the request indicates directly or indirectly that the employer fails to comply with the |
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| 54 | 54 | | 2.24provisions of this chapter. |
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| 55 | 55 | | 2.25 Sec. 5. Minnesota Statutes 2024, section 363A.08, subdivision 4, is amended to read: |
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| 56 | 56 | | 2.26 Subd. 4.Employer, employment agency, or labor organization.(a) Except when |
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| 57 | 57 | | 2.27based on a bona fide occupational qualification, it is an unfair employment practice for an |
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| 58 | 58 | | 2.28employer, employment agency, or labor organization, before a person is employed by an |
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| 59 | 59 | | 2.29employer or admitted to membership in a labor organization, to: |
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| 60 | 60 | | 2.30 (1) require or request the person to furnish information that pertains to race, color, creed, |
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| 61 | 61 | | 2.31religion, national origin, sex, gender identity, political affiliation, marital status, status with |
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| 62 | 62 | | 2Sec. 5. |
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| 63 | 63 | | 25-01117 as introduced12/09/24 REVISOR SGS/BM 3.1regard to public assistance, familial status, disability, sexual orientation, or age; or, subject |
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| 64 | 64 | | 3.2to section 363A.20, to require or request a person to undergo physical examination; unless |
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| 65 | 65 | | 3.3for the sole and exclusive purpose of national security, information pertaining to national |
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| 66 | 66 | | 3.4origin is required by the United States, this state or a political subdivision or agency of the |
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| 67 | 67 | | 3.5United States or this state, or for the sole and exclusive purpose of compliance with the |
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| 68 | 68 | | 3.6Public Contracts Act or any rule, regulation, or laws of the United States or of this state |
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| 69 | 69 | | 3.7requiring the information or examination. A law enforcement agency may, after notifying |
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| 70 | 70 | | 3.8an applicant for a peace officer or part-time peace officer position that the law enforcement |
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| 71 | 71 | | 3.9agency is commencing the background investigation on the applicant, request the applicant's |
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| 72 | 72 | | 3.10date of birth, gender, and race on a separate form for the sole and exclusive purpose of |
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| 73 | 73 | | 3.11conducting a criminal history check, a driver's license check, and fingerprint criminal history |
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| 74 | 74 | | 3.12inquiry. The form shall include a statement indicating why the data is being collected and |
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| 75 | 75 | | 3.13what its limited use will be. No document which has date of birth, gender, or race information |
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| 76 | 76 | | 3.14will be included in the information given to or available to any person who is involved in |
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| 77 | 77 | | 3.15selecting the person or persons employed other than the background investigator. No person |
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| 78 | 78 | | 3.16may act both as background investigator and be involved in the selection of an employee |
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| 79 | 79 | | 3.17except that the background investigator's report about background may be used in that |
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| 80 | 80 | | 3.18selection as long as no direct or indirect references are made to the applicant's race, age, or |
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| 81 | 81 | | 3.19gender; or |
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| 82 | 82 | | 3.20 (2) seek and obtain for purposes of making a job decision, information from any source |
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| 83 | 83 | | 3.21that pertains to the person's race, color, creed, religion, national origin, sex, gender identity, |
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| 84 | 84 | | 3.22political affiliation, marital status, status with regard to public assistance, familial status, |
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| 85 | 85 | | 3.23disability, sexual orientation, or age, unless for the sole and exclusive purpose of compliance |
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| 86 | 86 | | 3.24with the Public Contracts Act or any rule, regulation, or laws of the United States or of this |
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| 87 | 87 | | 3.25state requiring the information; or |
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| 88 | 88 | | 3.26 (3) cause to be printed or published a notice or advertisement that relates to employment |
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| 89 | 89 | | 3.27or membership and discloses a preference, limitation, specification, or discrimination based |
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| 90 | 90 | | 3.28on race, color, creed, religion, national origin, sex, gender identity, political affiliation, |
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| 91 | 91 | | 3.29marital status, status with regard to public assistance, familial status, disability, sexual |
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| 92 | 92 | | 3.30orientation, or age. |
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| 93 | 93 | | 3.31 (b) Any individual who is required to provide information that is prohibited by this |
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| 94 | 94 | | 3.32subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28, |
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| 95 | 95 | | 3.33subdivisions 1 to 9. |
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| 96 | 96 | | 3Sec. 5. |
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| 97 | 97 | | 25-01117 as introduced12/09/24 REVISOR SGS/BM 4.1 Sec. 6. Minnesota Statutes 2024, section 363A.09, subdivision 1, is amended to read: |
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| 98 | 98 | | 4.2 Subdivision 1.Real property interest; action by owner, lessee, and others.It is an |
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| 99 | 99 | | 4.3unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent |
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| 100 | 100 | | 4.4of, or other person having the right to sell, rent or lease any real property, or any agent of |
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| 101 | 101 | | 4.5any of these: |
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| 102 | 102 | | 4.6 (1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or |
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| 103 | 103 | | 4.7group of persons any real property because of race, color, creed, religion, national origin, |
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| 104 | 104 | | 4.8sex, gender identity, political affiliation, marital status, status with regard to public assistance, |
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| 105 | 105 | | 4.9disability, sexual orientation, or familial status; or |
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| 106 | 106 | | 4.10 (2) to discriminate against any person or group of persons because of race, color, creed, |
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| 107 | 107 | | 4.11religion, national origin, sex, gender identity, political affiliation, marital status, status with |
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| 108 | 108 | | 4.12regard to public assistance, disability, sexual orientation, or familial status in the terms, |
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| 109 | 109 | | 4.13conditions or privileges of the sale, rental or lease of any real property or in the furnishing |
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| 110 | 110 | | 4.14of facilities or services in connection therewith, except that nothing in this clause shall be |
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| 111 | 111 | | 4.15construed to prohibit the adoption of reasonable rules intended to protect the safety of minors |
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| 112 | 112 | | 4.16in their use of the real property or any facilities or services furnished in connection therewith; |
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| 113 | 113 | | 4.17or |
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| 114 | 114 | | 4.18 (3) in any transaction involving real property, to print, circulate or post or cause to be |
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| 115 | 115 | | 4.19printed, circulated, or posted any advertisement or sign, or use any form of application for |
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| 116 | 116 | | 4.20the purchase, rental or lease of real property, or make any record or inquiry in connection |
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| 117 | 117 | | 4.21with the prospective purchase, rental, or lease of real property which expresses, directly or |
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| 118 | 118 | | 4.22indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, |
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| 119 | 119 | | 4.23national origin, sex, gender identity, political affiliation, marital status, status with regard |
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| 120 | 120 | | 4.24to public assistance, disability, sexual orientation, or familial status, or any intent to make |
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| 121 | 121 | | 4.25any such limitation, specification, or discrimination except that nothing in this clause shall |
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| 122 | 122 | | 4.26be construed to prohibit the advertisement of a dwelling unit as available to adults-only if |
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| 123 | 123 | | 4.27the person placing the advertisement reasonably believes that the provisions of this section |
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| 124 | 124 | | 4.28prohibiting discrimination because of familial status do not apply to the dwelling unit. |
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| 125 | 125 | | 4.29 Sec. 7. Minnesota Statutes 2024, section 363A.09, subdivision 2, is amended to read: |
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| 126 | 126 | | 4.30 Subd. 2.Real property interest; action by brokers, agents, and others.It is an unfair |
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| 127 | 127 | | 4.31discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent |
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| 128 | 128 | | 4.32thereof: |
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| 129 | 129 | | 4Sec. 7. |
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| 130 | 130 | | 25-01117 as introduced12/09/24 REVISOR SGS/BM 5.1 (1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property |
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| 131 | 131 | | 5.2to any person or group of persons or to negotiate for the sale, rental, or lease of any real |
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| 132 | 132 | | 5.3property to any person or group of persons because of race, color, creed, religion, national |
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| 133 | 133 | | 5.4origin, sex, gender identity, political affiliation, marital status, status with regard to public |
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| 134 | 134 | | 5.5assistance, disability, sexual orientation, or familial status or represent that real property is |
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| 135 | 135 | | 5.6not available for inspection, sale, rental, or lease when in fact it is so available, or otherwise |
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| 136 | 136 | | 5.7deny or withhold any real property or any facilities of real property to or from any person |
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| 137 | 137 | | 5.8or group of persons because of race, color, creed, religion, national origin, sex, gender |
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| 138 | 138 | | 5.9identity, political affiliation, marital status, status with regard to public assistance, disability, |
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| 139 | 139 | | 5.10sexual orientation, or familial status; or |
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| 140 | 140 | | 5.11 (2) to discriminate against any person because of race, color, creed, religion, national |
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| 141 | 141 | | 5.12origin, sex, gender identity, political affiliation, marital status, status with regard to public |
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| 142 | 142 | | 5.13assistance, disability, sexual orientation, or familial status in the terms, conditions or |
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| 143 | 143 | | 5.14privileges of the sale, rental or lease of real property or in the furnishing of facilities or |
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| 144 | 144 | | 5.15services in connection therewith; or |
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| 145 | 145 | | 5.16 (3) to print, circulate, or post or cause to be printed, circulated, or posted any |
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| 146 | 146 | | 5.17advertisement or sign, or use any form of application for the purchase, rental, or lease of |
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| 147 | 147 | | 5.18any real property or make any record or inquiry in connection with the prospective purchase, |
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| 148 | 148 | | 5.19rental or lease of any real property, which expresses directly or indirectly, any limitation, |
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| 149 | 149 | | 5.20specification or discrimination as to race, color, creed, religion, national origin, sex, gender |
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| 150 | 150 | | 5.21identity, political affiliation, marital status, status with regard to public assistance, disability, |
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| 151 | 151 | | 5.22sexual orientation, or familial status or any intent to make any such limitation, specification, |
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| 152 | 152 | | 5.23or discrimination except that nothing in this clause shall be construed to prohibit the |
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| 153 | 153 | | 5.24advertisement of a dwelling unit as available to adults-only if the person placing the |
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| 154 | 154 | | 5.25advertisement reasonably believes that the provisions of this section prohibiting |
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| 155 | 155 | | 5.26discrimination because of familial status do not apply to the dwelling unit. |
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| 156 | 156 | | 5.27 Sec. 8. Minnesota Statutes 2024, section 363A.09, subdivision 3, is amended to read: |
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| 157 | 157 | | 5.28 Subd. 3.Real property interest; action by financial institution.It is an unfair |
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| 158 | 158 | | 5.29discriminatory practice for a person, bank, banking organization, mortgage company, |
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| 159 | 159 | | 5.30insurance company, or other financial institution or lender to whom application is made for |
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| 160 | 160 | | 5.31financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair |
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| 161 | 161 | | 5.32or maintenance of any real property or any agent or employee thereof: |
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| 162 | 162 | | 5.33 (1) to discriminate against any person or group of persons because of race, color, creed, |
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| 163 | 163 | | 5.34religion, national origin, sex, gender identity, political affiliation, marital status, status with |
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| 164 | 164 | | 5Sec. 8. |
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| 165 | 165 | | 25-01117 as introduced12/09/24 REVISOR SGS/BM 6.1regard to public assistance, disability, sexual orientation, or familial status of the person or |
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| 166 | 166 | | 6.2group of persons or of the prospective occupants or tenants of the real property in the |
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| 167 | 167 | | 6.3granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions, |
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| 168 | 168 | | 6.4or privileges of the financial assistance or in the extension of services in connection therewith; |
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| 169 | 169 | | 6.5or |
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| 170 | 170 | | 6.6 (2) to use any form of application for the financial assistance or make any record or |
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| 171 | 171 | | 6.7inquiry in connection with applications for the financial assistance which expresses, directly |
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| 172 | 172 | | 6.8or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, |
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| 173 | 173 | | 6.9national origin, sex, gender identity, political affiliation, marital status, status with regard |
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| 174 | 174 | | 6.10to public assistance, disability, sexual orientation, or familial status or any intent to make |
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| 175 | 175 | | 6.11any such limitation, specification, or discrimination; or |
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| 176 | 176 | | 6.12 (3) to discriminate against any person or group of persons who desire to purchase, lease, |
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| 177 | 177 | | 6.13acquire, construct, rehabilitate, repair, or maintain real property in a specific urban or rural |
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| 178 | 178 | | 6.14area or any part thereof solely because of the social, economic, or environmental conditions |
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| 179 | 179 | | 6.15of the area in the granting, withholding, extending, modifying, or renewing, or in the rates, |
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| 180 | 180 | | 6.16terms, conditions, or privileges of the financial assistance or in the extension of services in |
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| 181 | 181 | | 6.17connection therewith. |
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| 182 | 182 | | 6.18 Sec. 9. Minnesota Statutes 2024, section 363A.09, subdivision 4, is amended to read: |
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| 183 | 183 | | 6.19 Subd. 4.Real property transaction.It is an unfair discriminatory practice for any real |
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| 184 | 184 | | 6.20estate broker or real estate salesperson, for the purpose of inducing a real property transaction |
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| 185 | 185 | | 6.21from which the person, the person's firm, or any of its members may benefit financially, to |
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| 186 | 186 | | 6.22represent that a change has occurred or will or may occur in the composition with respect |
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| 187 | 187 | | 6.23to race, creed, color, national origin, sex, gender identity, political affiliation, marital status, |
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| 188 | 188 | | 6.24status with regard to public assistance, sexual orientation, or disability of the owners or |
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| 189 | 189 | | 6.25occupants in the block, neighborhood, or area in which the real property is located, and to |
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| 190 | 190 | | 6.26represent, directly or indirectly, that this change will or may result in undesirable |
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| 191 | 191 | | 6.27consequences in the block, neighborhood, or area in which the real property is located, |
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| 192 | 192 | | 6.28including but not limited to the lowering of property values, an increase in criminal or |
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| 193 | 193 | | 6.29antisocial behavior, or a decline in the quality of schools or other public facilities. |
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| 194 | 194 | | 6.30 Sec. 10. Minnesota Statutes 2024, section 363A.11, subdivision 1, is amended to read: |
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| 195 | 195 | | 6.31 Subdivision 1.Full and equal enjoyment of public accommodations.(a) It is an unfair |
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| 196 | 196 | | 6.32discriminatory practice: |
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| 197 | 197 | | 6Sec. 10. |
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| 198 | 198 | | 25-01117 as introduced12/09/24 REVISOR SGS/BM 7.1 (1) to deny any person the full and equal enjoyment of the goods, services, facilities, |
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| 199 | 199 | | 7.2privileges, advantages, and accommodations of a place of public accommodation because |
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| 200 | 200 | | 7.3of race, color, creed, religion, disability, national origin, marital status, sexual orientation, |
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| 201 | 201 | | 7.4sex, or gender identity, or political affiliation, or for a taxicab company to discriminate in |
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| 202 | 202 | | 7.5the access to, full utilization of, or benefit from service because of a person's disability; or |
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| 203 | 203 | | 7.6 (2) for a place of public accommodation not to make reasonable accommodation to the |
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| 204 | 204 | | 7.7known physical, sensory, or mental disability of a disabled person. In determining whether |
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| 205 | 205 | | 7.8an accommodation is reasonable, the factors to be considered may include: |
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| 206 | 206 | | 7.9 (i) the frequency and predictability with which members of the public will be served by |
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| 207 | 207 | | 7.10the accommodation at that location; |
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| 208 | 208 | | 7.11 (ii) the size of the business or organization at that location with respect to physical size, |
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| 209 | 209 | | 7.12annual gross revenues, and the number of employees; |
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| 210 | 210 | | 7.13 (iii) the extent to which disabled persons will be further served from the accommodation; |
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| 211 | 211 | | 7.14 (iv) the type of operation; |
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| 212 | 212 | | 7.15 (v) the nature and amount of both direct costs and legitimate indirect costs of making |
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| 213 | 213 | | 7.16the accommodation and the reasonableness for that location to finance the accommodation; |
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| 214 | 214 | | 7.17and |
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| 215 | 215 | | 7.18 (vi) the extent to which any persons may be adversely affected by the accommodation. |
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| 216 | 216 | | 7.19 (b) State or local building codes control where applicable. Violations of state or local |
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| 217 | 217 | | 7.20building codes are not violations of this chapter and must be enforced under normal building |
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| 218 | 218 | | 7.21code procedures. |
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| 219 | 219 | | 7.22 Sec. 11. Minnesota Statutes 2024, section 363A.12, subdivision 1, is amended to read: |
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| 220 | 220 | | 7.23 Subdivision 1.Access to public service.It is an unfair discriminatory practice to |
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| 221 | 221 | | 7.24discriminate against any person in the access to, admission to, full utilization of or benefit |
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| 222 | 222 | | 7.25from any public service because of race, color, creed, religion, national origin, disability, |
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| 223 | 223 | | 7.26sex, gender identity, political affiliation, sexual orientation, or status with regard to public |
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| 224 | 224 | | 7.27assistance or to fail to ensure physical and program access for disabled persons unless the |
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| 225 | 225 | | 7.28public service can demonstrate that providing the access would impose an undue hardship |
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| 226 | 226 | | 7.29on its operation. In determining whether providing physical and program access would |
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| 227 | 227 | | 7.30impose an undue hardship, factors to be considered include: |
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| 228 | 228 | | 7.31 (1) the type and purpose of the public service's operation; |
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| 229 | 229 | | 7.32 (2) the nature and cost of the needed accommodation; |
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| 230 | 230 | | 7Sec. 11. |
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| 231 | 231 | | 25-01117 as introduced12/09/24 REVISOR SGS/BM 8.1 (3) documented good faith efforts to explore less restrictive or less expensive alternatives; |
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| 232 | 232 | | 8.2and |
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| 233 | 233 | | 8.3 (4) the extent of consultation with knowledgeable disabled persons and organizations. |
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| 234 | 234 | | 8.4 Physical and program access must be accomplished within six months of June 7, 1983, |
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| 235 | 235 | | 8.5except for needed architectural modifications, which must be made within two years of June |
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| 236 | 236 | | 8.67, 1983. |
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| 237 | 237 | | 8.7 Sec. 12. Minnesota Statutes 2024, section 363A.13, is amended to read: |
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| 238 | 238 | | 8.8 363A.13 EDUCATIONAL INSTITUTION. |
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| 239 | 239 | | 8.9 Subdivision 1.Utilization; benefit or services.It is an unfair discriminatory practice |
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| 240 | 240 | | 8.10to discriminate in any manner in the full utilization of or benefit from any educational |
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| 241 | 241 | | 8.11institution, or the services rendered thereby to any person because of race, color, creed, |
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| 242 | 242 | | 8.12religion, national origin, sex, gender identity, political affiliation, age, marital status, status |
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| 243 | 243 | | 8.13with regard to public assistance, sexual orientation, or disability, or to fail to ensure physical |
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| 244 | 244 | | 8.14and program access for disabled persons. For purposes of this subdivision, program access |
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| 245 | 245 | | 8.15includes but is not limited to providing taped texts, interpreters or other methods of making |
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| 246 | 246 | | 8.16orally delivered materials available, readers in libraries, adapted classroom equipment, and |
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| 247 | 247 | | 8.17similar auxiliary aids or services. Program access does not include providing attendants, |
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| 248 | 248 | | 8.18individually prescribed devices, readers for personal use or study, or other devices or services |
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| 249 | 249 | | 8.19of a personal nature. |
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| 250 | 250 | | 8.20 Subd. 2.Exclude, expel, or selection.It is an unfair discriminatory practice to exclude, |
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| 251 | 251 | | 8.21expel, or otherwise discriminate against a person seeking admission as a student, or a person |
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| 252 | 252 | | 8.22enrolled as a student because of race, color, creed, religion, national origin, sex, gender |
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| 253 | 253 | | 8.23identity, political affiliation, age, marital status, status with regard to public assistance, |
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| 254 | 254 | | 8.24sexual orientation, or disability. |
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| 255 | 255 | | 8.25 Subd. 3.Admission form or inquiry.It is an unfair discriminatory practice to make or |
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| 256 | 256 | | 8.26use a written or oral inquiry, or form of application for admission that elicits or attempts to |
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| 257 | 257 | | 8.27elicit information, or to make or keep a record, concerning the creed, religion, gender identity, |
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| 258 | 258 | | 8.28political affiliation, sexual orientation, or disability of a person seeking admission, except |
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| 259 | 259 | | 8.29as permitted by rules of the department. |
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| 260 | 260 | | 8.30 Subd. 4.Purpose for information and record.It is an unfair discriminatory practice |
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| 261 | 261 | | 8.31to make or use a written or oral inquiry or form of application that elicits or attempts to |
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| 262 | 262 | | 8.32elicit information, or to keep a record concerning the race, color, national origin, sex, gender |
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| 263 | 263 | | 8.33identity, political affiliation, sexual orientation, age, or marital status of a person seeking |
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| 264 | 264 | | 8Sec. 12. |
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| 265 | 265 | | 25-01117 as introduced12/09/24 REVISOR SGS/BM 9.1admission, unless the information is collected for purposes of evaluating the effectiveness |
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| 266 | 266 | | 9.2of recruitment, admissions, and other educational policies, and is maintained separately |
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| 267 | 267 | | 9.3from the application. |
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| 268 | 268 | | 9.4 Sec. 13. Minnesota Statutes 2024, section 363A.16, subdivision 1, is amended to read: |
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| 269 | 269 | | 9.5 Subdivision 1.Personal or commercial credit.It is an unfair discriminatory practice |
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| 270 | 270 | | 9.6to discriminate in the extension of personal or commercial credit to a person, or in the |
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| 271 | 271 | | 9.7requirements for obtaining credit, because of race, color, creed, religion, disability, national |
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| 272 | 272 | | 9.8origin, sex, gender identity, political affiliation, sexual orientation, familial status, or marital |
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| 273 | 273 | | 9.9status, or due to the receipt of federal, state, or local public assistance including medical |
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| 274 | 274 | | 9.10assistance. |
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| 275 | 275 | | 9.11 Sec. 14. Minnesota Statutes 2024, section 363A.17, is amended to read: |
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| 276 | 276 | | 9.12 363A.17 BUSINESS DISCRIMINATION. |
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| 277 | 277 | | 9.13 It is an unfair discriminatory practice for a person engaged in a trade or business or in |
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| 278 | 278 | | 9.14the provision of a service: |
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| 279 | 279 | | 9.15 (1) to refuse to do business with or provide a service to a woman based on her use of |
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| 280 | 280 | | 9.16her current or former surname; or |
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| 281 | 281 | | 9.17 (2) to impose, as a condition of doing business with or providing a service to a woman, |
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| 282 | 282 | | 9.18that a woman use her current surname rather than a former surname; or |
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| 283 | 283 | | 9.19 (3) to intentionally refuse to do business with, to refuse to contract with, or to discriminate |
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| 284 | 284 | | 9.20in the basic terms, conditions, or performance of the contract because of a person's race, |
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| 285 | 285 | | 9.21national origin, color, sex, gender identity, political affiliation, sexual orientation, or |
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| 286 | 286 | | 9.22disability, unless the alleged refusal or discrimination is because of a legitimate business |
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| 287 | 287 | | 9.23purpose. |
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| 288 | 288 | | 9.24 Nothing in this section shall prohibit positive action plans. |
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| 289 | 289 | | 9Sec. 14. |
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| 290 | 290 | | 25-01117 as introduced12/09/24 REVISOR SGS/BM |
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