1.1 A bill for an act
1.2 relating to human rights; prohibiting discrimination based on political affiliation;
1.3 amending Minnesota Statutes 2024, sections 363A.03, by adding a subdivision;
1.4 363A.08, subdivisions 1, 2, 3, 4; 363A.09, subdivisions 1, 2, 3, 4; 363A.11,
1.5 subdivision 1; 363A.12, subdivision 1; 363A.13; 363A.16, subdivision 1; 363A.17.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2024, section 363A.03, is amended by adding a subdivision
1.8to read:
1.9 Subd. 31a.Political affiliation."Political affiliation" means association with a political
1.10party, support or failure to support a political candidate, or support or failure to support a
1.11political party.
1.12 Sec. 2. Minnesota Statutes 2024, section 363A.08, subdivision 1, is amended to read:
1.13 Subdivision 1.Labor organization.Except when based on a bona fide occupational
1.14qualification, it is an unfair employment practice for a labor organization, because of race,
1.15color, creed, religion, national origin, sex, gender identity, political affiliation, marital status,
1.16status with regard to public assistance, familial status, disability, sexual orientation, or age:
1.17 (1) to deny full and equal membership rights to a person seeking membership or to a
1.18member;
1.19 (2) to expel a member from membership;
1.20 (3) to discriminate against a person seeking membership or a member with respect to
1.21hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities, or
1.22privileges of employment; or
1Sec. 2.
25-01117 as introduced12/09/24 REVISOR SGS/BM
SENATE
STATE OF MINNESOTA
S.F. No. 407NINETY-FOURTH SESSION
(SENATE AUTHORS: EICHORN)
OFFICIAL STATUSD-PGDATE
Introduction and first reading01/21/2025
Referred to Judiciary and Public Safety 2.1 (4) to fail to classify properly, or refer for employment or otherwise to discriminate
2.2against a person or member.
2.3 Sec. 3. Minnesota Statutes 2024, section 363A.08, subdivision 2, is amended to read:
2.4 Subd. 2.Employer.Except when based on a bona fide occupational qualification, it is
2.5an unfair employment practice for an employer, because of race, color, creed, religion,
2.6national origin, sex, gender identity, political affiliation, marital status, status with regard
2.7to public assistance, familial status, membership or activity in a local commission, disability,
2.8sexual orientation, or age to:
2.9 (1) refuse to hire or to maintain a system of employment which unreasonably excludes
2.10a person seeking employment; or
2.11 (2) discharge an employee; or
2.12 (3) discriminate against a person with respect to hiring, tenure, compensation, terms,
2.13upgrading, conditions, facilities, or privileges of employment.
2.14 Sec. 4. Minnesota Statutes 2024, section 363A.08, subdivision 3, is amended to read:
2.15 Subd. 3.Employment agency.Except when based on a bona fide occupational
2.16qualification, it is an unfair employment practice for an employment agency, because of
2.17race, color, creed, religion, national origin, sex, gender identity, political affiliation, marital
2.18status, status with regard to public assistance, familial status, disability, sexual orientation,
2.19or age to:
2.20 (1) refuse or fail to accept, register, classify properly, or refer for employment or
2.21otherwise to discriminate against a person; or
2.22 (2) comply with a request from an employer for referral of applicants for employment
2.23if the request indicates directly or indirectly that the employer fails to comply with the
2.24provisions of this chapter.
2.25 Sec. 5. Minnesota Statutes 2024, section 363A.08, subdivision 4, is amended to read:
2.26 Subd. 4.Employer, employment agency, or labor organization.(a) Except when
2.27based on a bona fide occupational qualification, it is an unfair employment practice for an
2.28employer, employment agency, or labor organization, before a person is employed by an
2.29employer or admitted to membership in a labor organization, to:
2.30 (1) require or request the person to furnish information that pertains to race, color, creed,
2.31religion, national origin, sex, gender identity, political affiliation, marital status, status with
2Sec. 5.
25-01117 as introduced12/09/24 REVISOR SGS/BM 3.1regard to public assistance, familial status, disability, sexual orientation, or age; or, subject
3.2to section 363A.20, to require or request a person to undergo physical examination; unless
3.3for the sole and exclusive purpose of national security, information pertaining to national
3.4origin is required by the United States, this state or a political subdivision or agency of the
3.5United States or this state, or for the sole and exclusive purpose of compliance with the
3.6Public Contracts Act or any rule, regulation, or laws of the United States or of this state
3.7requiring the information or examination. A law enforcement agency may, after notifying
3.8an applicant for a peace officer or part-time peace officer position that the law enforcement
3.9agency is commencing the background investigation on the applicant, request the applicant's
3.10date of birth, gender, and race on a separate form for the sole and exclusive purpose of
3.11conducting a criminal history check, a driver's license check, and fingerprint criminal history
3.12inquiry. The form shall include a statement indicating why the data is being collected and
3.13what its limited use will be. No document which has date of birth, gender, or race information
3.14will be included in the information given to or available to any person who is involved in
3.15selecting the person or persons employed other than the background investigator. No person
3.16may act both as background investigator and be involved in the selection of an employee
3.17except that the background investigator's report about background may be used in that
3.18selection as long as no direct or indirect references are made to the applicant's race, age, or
3.19gender; or
3.20 (2) seek and obtain for purposes of making a job decision, information from any source
3.21that pertains to the person's race, color, creed, religion, national origin, sex, gender identity,
3.22political affiliation, marital status, status with regard to public assistance, familial status,
3.23disability, sexual orientation, or age, unless for the sole and exclusive purpose of compliance
3.24with the Public Contracts Act or any rule, regulation, or laws of the United States or of this
3.25state requiring the information; or
3.26 (3) cause to be printed or published a notice or advertisement that relates to employment
3.27or membership and discloses a preference, limitation, specification, or discrimination based
3.28on race, color, creed, religion, national origin, sex, gender identity, political affiliation,
3.29marital status, status with regard to public assistance, familial status, disability, sexual
3.30orientation, or age.
3.31 (b) Any individual who is required to provide information that is prohibited by this
3.32subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28,
3.33subdivisions 1 to 9.
3Sec. 5.
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:
4.2 Subdivision 1.Real property interest; action by owner, lessee, and others.It is an
4.3unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent
4.4of, or other person having the right to sell, rent or lease any real property, or any agent of
4.5any of these:
4.6 (1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or
4.7group of persons any real property because of race, color, creed, religion, national origin,
4.8sex, gender identity, political affiliation, marital status, status with regard to public assistance,
4.9disability, sexual orientation, or familial status; or
4.10 (2) to discriminate against any person or group of persons because of race, color, creed,
4.11religion, national origin, sex, gender identity, political affiliation, marital status, status with
4.12regard to public assistance, disability, sexual orientation, or familial status in the terms,
4.13conditions or privileges of the sale, rental or lease of any real property or in the furnishing
4.14of facilities or services in connection therewith, except that nothing in this clause shall be
4.15construed to prohibit the adoption of reasonable rules intended to protect the safety of minors
4.16in their use of the real property or any facilities or services furnished in connection therewith;
4.17or
4.18 (3) in any transaction involving real property, to print, circulate or post or cause to be
4.19printed, circulated, or posted any advertisement or sign, or use any form of application for
4.20the purchase, rental or lease of real property, or make any record or inquiry in connection
4.21with the prospective purchase, rental, or lease of real property which expresses, directly or
4.22indirectly, any limitation, specification, or discrimination as to race, color, creed, religion,
4.23national origin, sex, gender identity, political affiliation, marital status, status with regard
4.24to public assistance, disability, sexual orientation, or familial status, or any intent to make
4.25any such limitation, specification, or discrimination except that nothing in this clause shall
4.26be construed to prohibit the advertisement of a dwelling unit as available to adults-only if
4.27the person placing the advertisement reasonably believes that the provisions of this section
4.28prohibiting discrimination because of familial status do not apply to the dwelling unit.
4.29 Sec. 7. Minnesota Statutes 2024, section 363A.09, subdivision 2, is amended to read:
4.30 Subd. 2.Real property interest; action by brokers, agents, and others.It is an unfair
4.31discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent
4.32thereof:
4Sec. 7.
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
5.2to any person or group of persons or to negotiate for the sale, rental, or lease of any real
5.3property to any person or group of persons because of race, color, creed, religion, national
5.4origin, sex, gender identity, political affiliation, marital status, status with regard to public
5.5assistance, disability, sexual orientation, or familial status or represent that real property is
5.6not available for inspection, sale, rental, or lease when in fact it is so available, or otherwise
5.7deny or withhold any real property or any facilities of real property to or from any person
5.8or group of persons because of race, color, creed, religion, national origin, sex, gender
5.9identity, political affiliation, marital status, status with regard to public assistance, disability,
5.10sexual orientation, or familial status; or
5.11 (2) to discriminate against any person because of race, color, creed, religion, national
5.12origin, sex, gender identity, political affiliation, marital status, status with regard to public
5.13assistance, disability, sexual orientation, or familial status in the terms, conditions or
5.14privileges of the sale, rental or lease of real property or in the furnishing of facilities or
5.15services in connection therewith; or
5.16 (3) to print, circulate, or post or cause to be printed, circulated, or posted any
5.17advertisement or sign, or use any form of application for the purchase, rental, or lease of
5.18any real property or make any record or inquiry in connection with the prospective purchase,
5.19rental or lease of any real property, which expresses directly or indirectly, any limitation,
5.20specification or discrimination as to race, color, creed, religion, national origin, sex, gender
5.21identity, political affiliation, marital status, status with regard to public assistance, disability,
5.22sexual orientation, or familial status or any intent to make any such limitation, specification,
5.23or discrimination except that nothing in this clause shall be construed to prohibit the
5.24advertisement of a dwelling unit as available to adults-only if the person placing the
5.25advertisement reasonably believes that the provisions of this section prohibiting
5.26discrimination because of familial status do not apply to the dwelling unit.
5.27 Sec. 8. Minnesota Statutes 2024, section 363A.09, subdivision 3, is amended to read:
5.28 Subd. 3.Real property interest; action by financial institution.It is an unfair
5.29discriminatory practice for a person, bank, banking organization, mortgage company,
5.30insurance company, or other financial institution or lender to whom application is made for
5.31financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair
5.32or maintenance of any real property or any agent or employee thereof:
5.33 (1) to discriminate against any person or group of persons because of race, color, creed,
5.34religion, national origin, sex, gender identity, political affiliation, marital status, status with
5Sec. 8.
25-01117 as introduced12/09/24 REVISOR SGS/BM 6.1regard to public assistance, disability, sexual orientation, or familial status of the person or
6.2group of persons or of the prospective occupants or tenants of the real property in the
6.3granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions,
6.4or privileges of the financial assistance or in the extension of services in connection therewith;
6.5or
6.6 (2) to use any form of application for the financial assistance or make any record or
6.7inquiry in connection with applications for the financial assistance which expresses, directly
6.8or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion,
6.9national origin, sex, gender identity, political affiliation, marital status, status with regard
6.10to public assistance, disability, sexual orientation, or familial status or any intent to make
6.11any such limitation, specification, or discrimination; or
6.12 (3) to discriminate against any person or group of persons who desire to purchase, lease,
6.13acquire, construct, rehabilitate, repair, or maintain real property in a specific urban or rural
6.14area or any part thereof solely because of the social, economic, or environmental conditions
6.15of the area in the granting, withholding, extending, modifying, or renewing, or in the rates,
6.16terms, conditions, or privileges of the financial assistance or in the extension of services in
6.17connection therewith.
6.18 Sec. 9. Minnesota Statutes 2024, section 363A.09, subdivision 4, is amended to read:
6.19 Subd. 4.Real property transaction.It is an unfair discriminatory practice for any real
6.20estate broker or real estate salesperson, for the purpose of inducing a real property transaction
6.21from which the person, the person's firm, or any of its members may benefit financially, to
6.22represent that a change has occurred or will or may occur in the composition with respect
6.23to race, creed, color, national origin, sex, gender identity, political affiliation, marital status,
6.24status with regard to public assistance, sexual orientation, or disability of the owners or
6.25occupants in the block, neighborhood, or area in which the real property is located, and to
6.26represent, directly or indirectly, that this change will or may result in undesirable
6.27consequences in the block, neighborhood, or area in which the real property is located,
6.28including but not limited to the lowering of property values, an increase in criminal or
6.29antisocial behavior, or a decline in the quality of schools or other public facilities.
6.30 Sec. 10. Minnesota Statutes 2024, section 363A.11, subdivision 1, is amended to read:
6.31 Subdivision 1.Full and equal enjoyment of public accommodations.(a) It is an unfair
6.32discriminatory practice:
6Sec. 10.
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,
7.2privileges, advantages, and accommodations of a place of public accommodation because
7.3of race, color, creed, religion, disability, national origin, marital status, sexual orientation,
7.4sex, or gender identity, or political affiliation, or for a taxicab company to discriminate in
7.5the access to, full utilization of, or benefit from service because of a person's disability; or
7.6 (2) for a place of public accommodation not to make reasonable accommodation to the
7.7known physical, sensory, or mental disability of a disabled person. In determining whether
7.8an accommodation is reasonable, the factors to be considered may include:
7.9 (i) the frequency and predictability with which members of the public will be served by
7.10the accommodation at that location;
7.11 (ii) the size of the business or organization at that location with respect to physical size,
7.12annual gross revenues, and the number of employees;
7.13 (iii) the extent to which disabled persons will be further served from the accommodation;
7.14 (iv) the type of operation;
7.15 (v) the nature and amount of both direct costs and legitimate indirect costs of making
7.16the accommodation and the reasonableness for that location to finance the accommodation;
7.17and
7.18 (vi) the extent to which any persons may be adversely affected by the accommodation.
7.19 (b) State or local building codes control where applicable. Violations of state or local
7.20building codes are not violations of this chapter and must be enforced under normal building
7.21code procedures.
7.22 Sec. 11. Minnesota Statutes 2024, section 363A.12, subdivision 1, is amended to read:
7.23 Subdivision 1.Access to public service.It is an unfair discriminatory practice to
7.24discriminate against any person in the access to, admission to, full utilization of or benefit
7.25from any public service because of race, color, creed, religion, national origin, disability,
7.26sex, gender identity, political affiliation, sexual orientation, or status with regard to public
7.27assistance or to fail to ensure physical and program access for disabled persons unless the
7.28public service can demonstrate that providing the access would impose an undue hardship
7.29on its operation. In determining whether providing physical and program access would
7.30impose an undue hardship, factors to be considered include:
7.31 (1) the type and purpose of the public service's operation;
7.32 (2) the nature and cost of the needed accommodation;
7Sec. 11.
25-01117 as introduced12/09/24 REVISOR SGS/BM 8.1 (3) documented good faith efforts to explore less restrictive or less expensive alternatives;
8.2and
8.3 (4) the extent of consultation with knowledgeable disabled persons and organizations.
8.4 Physical and program access must be accomplished within six months of June 7, 1983,
8.5except for needed architectural modifications, which must be made within two years of June
8.67, 1983.
8.7 Sec. 12. Minnesota Statutes 2024, section 363A.13, is amended to read:
8.8 363A.13 EDUCATIONAL INSTITUTION.
8.9 Subdivision 1.Utilization; benefit or services.It is an unfair discriminatory practice
8.10to discriminate in any manner in the full utilization of or benefit from any educational
8.11institution, or the services rendered thereby to any person because of race, color, creed,
8.12religion, national origin, sex, gender identity, political affiliation, age, marital status, status
8.13with regard to public assistance, sexual orientation, or disability, or to fail to ensure physical
8.14and program access for disabled persons. For purposes of this subdivision, program access
8.15includes but is not limited to providing taped texts, interpreters or other methods of making
8.16orally delivered materials available, readers in libraries, adapted classroom equipment, and
8.17similar auxiliary aids or services. Program access does not include providing attendants,
8.18individually prescribed devices, readers for personal use or study, or other devices or services
8.19of a personal nature.
8.20 Subd. 2.Exclude, expel, or selection.It is an unfair discriminatory practice to exclude,
8.21expel, or otherwise discriminate against a person seeking admission as a student, or a person
8.22enrolled as a student because of race, color, creed, religion, national origin, sex, gender
8.23identity, political affiliation, age, marital status, status with regard to public assistance,
8.24sexual orientation, or disability.
8.25 Subd. 3.Admission form or inquiry.It is an unfair discriminatory practice to make or
8.26use a written or oral inquiry, or form of application for admission that elicits or attempts to
8.27elicit information, or to make or keep a record, concerning the creed, religion, gender identity,
8.28political affiliation, sexual orientation, or disability of a person seeking admission, except
8.29as permitted by rules of the department.
8.30 Subd. 4.Purpose for information and record.It is an unfair discriminatory practice
8.31to make or use a written or oral inquiry or form of application that elicits or attempts to
8.32elicit information, or to keep a record concerning the race, color, national origin, sex, gender
8.33identity, political affiliation, sexual orientation, age, or marital status of a person seeking
8Sec. 12.
25-01117 as introduced12/09/24 REVISOR SGS/BM 9.1admission, unless the information is collected for purposes of evaluating the effectiveness
9.2of recruitment, admissions, and other educational policies, and is maintained separately
9.3from the application.
9.4 Sec. 13. Minnesota Statutes 2024, section 363A.16, subdivision 1, is amended to read:
9.5 Subdivision 1.Personal or commercial credit.It is an unfair discriminatory practice
9.6to discriminate in the extension of personal or commercial credit to a person, or in the
9.7requirements for obtaining credit, because of race, color, creed, religion, disability, national
9.8origin, sex, gender identity, political affiliation, sexual orientation, familial status, or marital
9.9status, or due to the receipt of federal, state, or local public assistance including medical
9.10assistance.
9.11 Sec. 14. Minnesota Statutes 2024, section 363A.17, is amended to read:
9.12 363A.17 BUSINESS DISCRIMINATION.
9.13 It is an unfair discriminatory practice for a person engaged in a trade or business or in
9.14the provision of a service:
9.15 (1) to refuse to do business with or provide a service to a woman based on her use of
9.16her current or former surname; or
9.17 (2) to impose, as a condition of doing business with or providing a service to a woman,
9.18that a woman use her current surname rather than a former surname; or
9.19 (3) to intentionally refuse to do business with, to refuse to contract with, or to discriminate
9.20in the basic terms, conditions, or performance of the contract because of a person's race,
9.21national origin, color, sex, gender identity, political affiliation, sexual orientation, or
9.22disability, unless the alleged refusal or discrimination is because of a legitimate business
9.23purpose.
9.24 Nothing in this section shall prohibit positive action plans.
9Sec. 14.
25-01117 as introduced12/09/24 REVISOR SGS/BM