Bill Text: MN HF2300 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Employment discrimination based on status as a family caregiver prohibited.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2014-03-19 - Authors added Clark, Newton, and Kahn [HF2300 Detail]
Download: Minnesota-2013-HF2300-Introduced.html
1.2relating to human rights; prohibiting discrimination in employment based on
1.3status as a family caregiver;amending Minnesota Statutes 2012, sections
1.4363A.03, by adding a subdivision; 363A.08, subdivisions 1, 2, 3, 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 363A.03, is amended by adding a
1.7subdivision to read:
1.8 Subd. 18a. Family caregiver. "Family caregiver" means a person who cares for
1.9another person:
1.10(1) who is related by blood, marriage, or legal custody; or
1.11(2) with whom the person lives in a familial relationship.
1.12EFFECTIVE DATE.This section is effective the day following final enactment.
1.13 Sec. 2. Minnesota Statutes 2012, section 363A.08, subdivision 1, is amended to read:
1.14 Subdivision 1. Labor organization. Except when based on a bona fide occupational
1.15qualification, it is an unfair employment practice for a labor organization, because of race,
1.16color, creed, religion, national origin, sex, marital status, status with regard to public
1.17assistance, familial status, status as a family caregiver, disability, sexual orientation, or age:
1.18(1) to deny full and equal membership rights to a person seeking membership or
1.19to a member;
1.20(2) to expel a member from membership;
1.21(3) to discriminate against a person seeking membership or a member with respect
1.22to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities,
1.23or privileges of employment; or
2.1(4) to fail to classify properly, or refer for employment or otherwise to discriminate
2.2against a person or member.
2.3EFFECTIVE DATE.This section is effective the day following final enactment.
2.4 Sec. 3. Minnesota Statutes 2012, section 363A.08, subdivision 2, is amended to read:
2.5 Subd. 2. Employer. Except when based on a bona fide occupational qualification, it
2.6is an unfair employment practice for an employer, because of race, color, creed, religion,
2.7national origin, sex, marital status, status with regard to public assistance, familial status,
2.8status as a family caregiver, membership or activity in a local commission, disability,
2.9sexual orientation, or age to:
2.10(1) refuse to hire or to maintain a system of employment which unreasonably
2.11excludes a person seeking employment; or
2.12(2) discharge an employee; or
2.13(3) discriminate against a person with respect to hiring, tenure, compensation, terms,
2.14upgrading, conditions, facilities, or privileges of employment.
2.15EFFECTIVE DATE.This section is effective the day following final enactment.
2.16 Sec. 4. Minnesota Statutes 2012, section 363A.08, subdivision 3, is amended to read:
2.17 Subd. 3. Employment agency. Except when based on a bona fide occupational
2.18qualification, it is an unfair employment practice for an employment agency, because of
2.19race, color, creed, religion, national origin, sex, marital status, status with regard to public
2.20assistance, familial status, status as a family caregiver, disability, sexual orientation, or
2.21age to:
2.22(1) refuse or fail to accept, register, classify properly, or refer for employment or
2.23otherwise to discriminate against a person; or
2.24(2) comply with a request from an employer for referral of applicants for
2.25employment if the request indicates directly or indirectly that the employer fails to comply
2.26with the provisions of this chapter.
2.27EFFECTIVE DATE.This section is effective the day following final enactment.
2.28 Sec. 5. Minnesota Statutes 2012, section 363A.08, subdivision 4, is amended to read:
2.29 Subd. 4. Employer, employment agency, or labor organization. (a) Except when
2.30based on a bona fide occupational qualification, it is an unfair employment practice for an
2.31employer, employment agency, or labor organization, before a person is employed by an
2.32employer or admitted to membership in a labor organization, to:
3.1(1) require or request the person to furnish information that pertains to race, color,
3.2creed, religion, national origin, sex, marital status, status with regard to public assistance,
3.3 familial status, status as a family caregiver, disability, sexual orientation, or age; or, subject
3.4to section363A.20 , to require or request a person to undergo physical examination; unless
3.5for the sole and exclusive purpose of national security, information pertaining to national
3.6origin is required by the United States, this state or a political subdivision or agency of
3.7the United States or this state, or for the sole and exclusive purpose of compliance with
3.8the Public Contracts Act or any rule, regulation, or laws of the United States or of this
3.9state requiring the information or examination. A law enforcement agency may, after
3.10notifying an applicant for a peace officer or part-time peace officer position that the law
3.11enforcement agency is commencing the background investigation on the applicant, request
3.12the applicant's date of birth, gender, and race on a separate form for the sole and exclusive
3.13purpose of conducting a criminal history check, a driver's license check, and fingerprint
3.14criminal history inquiry. The form shall include a statement indicating why the data is
3.15being collected and what its limited use will be. No document which has date of birth,
3.16gender, or race information will be included in the information given to or available to
3.17any person who is involved in selecting the person or persons employed other than the
3.18background investigator. No person may act both as background investigator and be
3.19involved in the selection of an employee except that the background investigator's report
3.20about background may be used in that selection as long as no direct or indirect references
3.21are made to the applicant's race, age, or gender; or
3.22(2) seek and obtain for purposes of making a job decision, information from any
3.23source that pertains to the person's race, color, creed, religion, national origin, sex,
3.24marital status, status with regard to public assistance, familial status, status as a family
3.25caregiver, disability, sexual orientation, or age, unless for the sole and exclusive purpose
3.26of compliance with the Public Contracts Act or any rule, regulation, or laws of the United
3.27States or of this state requiring the information; or
3.28(3) cause to be printed or published a notice or advertisement that relates to
3.29employment or membership and discloses a preference, limitation, specification, or
3.30discrimination based on race, color, creed, religion, national origin, sex, marital status,
3.31status with regard to public assistance, familial status, status as a family caregiver,
3.32 disability, sexual orientation, or age.
3.33(b) Any individual who is required to provide information that is prohibited by this
3.34subdivision is an aggrieved party under sections363A.06, subdivision 4 , and
363A.28 ,
3.35subdivisions 1 to 9.
3.36EFFECTIVE DATE.This section is effective the day following final enactment.
1.3status as a family caregiver;amending Minnesota Statutes 2012, sections
1.4363A.03, by adding a subdivision; 363A.08, subdivisions 1, 2, 3, 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 363A.03, is amended by adding a
1.7subdivision to read:
1.8 Subd. 18a. Family caregiver. "Family caregiver" means a person who cares for
1.9another person:
1.10(1) who is related by blood, marriage, or legal custody; or
1.11(2) with whom the person lives in a familial relationship.
1.12EFFECTIVE DATE.This section is effective the day following final enactment.
1.13 Sec. 2. Minnesota Statutes 2012, section 363A.08, subdivision 1, is amended to read:
1.14 Subdivision 1. Labor organization. Except when based on a bona fide occupational
1.15qualification, it is an unfair employment practice for a labor organization, because of race,
1.16color, creed, religion, national origin, sex, marital status, status with regard to public
1.17assistance, familial status, status as a family caregiver, disability, sexual orientation, or age:
1.18(1) to deny full and equal membership rights to a person seeking membership or
1.19to a member;
1.20(2) to expel a member from membership;
1.21(3) to discriminate against a person seeking membership or a member with respect
1.22to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities,
1.23or privileges of employment; or
2.1(4) to fail to classify properly, or refer for employment or otherwise to discriminate
2.2against a person or member.
2.3EFFECTIVE DATE.This section is effective the day following final enactment.
2.4 Sec. 3. Minnesota Statutes 2012, section 363A.08, subdivision 2, is amended to read:
2.5 Subd. 2. Employer. Except when based on a bona fide occupational qualification, it
2.6is an unfair employment practice for an employer, because of race, color, creed, religion,
2.7national origin, sex, marital status, status with regard to public assistance, familial status,
2.8status as a family caregiver, membership or activity in a local commission, disability,
2.9sexual orientation, or age to:
2.10(1) refuse to hire or to maintain a system of employment which unreasonably
2.11excludes a person seeking employment; or
2.12(2) discharge an employee; or
2.13(3) discriminate against a person with respect to hiring, tenure, compensation, terms,
2.14upgrading, conditions, facilities, or privileges of employment.
2.15EFFECTIVE DATE.This section is effective the day following final enactment.
2.16 Sec. 4. Minnesota Statutes 2012, section 363A.08, subdivision 3, is amended to read:
2.17 Subd. 3. Employment agency. Except when based on a bona fide occupational
2.18qualification, it is an unfair employment practice for an employment agency, because of
2.19race, color, creed, religion, national origin, sex, marital status, status with regard to public
2.20assistance, familial status, status as a family caregiver, disability, sexual orientation, or
2.21age to:
2.22(1) refuse or fail to accept, register, classify properly, or refer for employment or
2.23otherwise to discriminate against a person; or
2.24(2) comply with a request from an employer for referral of applicants for
2.25employment if the request indicates directly or indirectly that the employer fails to comply
2.26with the provisions of this chapter.
2.27EFFECTIVE DATE.This section is effective the day following final enactment.
2.28 Sec. 5. Minnesota Statutes 2012, section 363A.08, subdivision 4, is amended to read:
2.29 Subd. 4. Employer, employment agency, or labor organization. (a) Except when
2.30based on a bona fide occupational qualification, it is an unfair employment practice for an
2.31employer, employment agency, or labor organization, before a person is employed by an
2.32employer or admitted to membership in a labor organization, to:
3.1(1) require or request the person to furnish information that pertains to race, color,
3.2creed, religion, national origin, sex, marital status, status with regard to public assistance,
3.3 familial status, status as a family caregiver, disability, sexual orientation, or age; or, subject
3.4to section
3.5for the sole and exclusive purpose of national security, information pertaining to national
3.6origin is required by the United States, this state or a political subdivision or agency of
3.7the United States or this state, or for the sole and exclusive purpose of compliance with
3.8the Public Contracts Act or any rule, regulation, or laws of the United States or of this
3.9state requiring the information or examination. A law enforcement agency may, after
3.10notifying an applicant for a peace officer or part-time peace officer position that the law
3.11enforcement agency is commencing the background investigation on the applicant, request
3.12the applicant's date of birth, gender, and race on a separate form for the sole and exclusive
3.13purpose of conducting a criminal history check, a driver's license check, and fingerprint
3.14criminal history inquiry. The form shall include a statement indicating why the data is
3.15being collected and what its limited use will be. No document which has date of birth,
3.16gender, or race information will be included in the information given to or available to
3.17any person who is involved in selecting the person or persons employed other than the
3.18background investigator. No person may act both as background investigator and be
3.19involved in the selection of an employee except that the background investigator's report
3.20about background may be used in that selection as long as no direct or indirect references
3.21are made to the applicant's race, age, or gender; or
3.22(2) seek and obtain for purposes of making a job decision, information from any
3.23source that pertains to the person's race, color, creed, religion, national origin, sex,
3.24marital status, status with regard to public assistance, familial status, status as a family
3.25caregiver, disability, sexual orientation, or age, unless for the sole and exclusive purpose
3.26of compliance with the Public Contracts Act or any rule, regulation, or laws of the United
3.27States or of this state requiring the information; or
3.28(3) cause to be printed or published a notice or advertisement that relates to
3.29employment or membership and discloses a preference, limitation, specification, or
3.30discrimination based on race, color, creed, religion, national origin, sex, marital status,
3.31status with regard to public assistance, familial status, status as a family caregiver,
3.32 disability, sexual orientation, or age.
3.33(b) Any individual who is required to provide information that is prohibited by this
3.34subdivision is an aggrieved party under sections
3.35subdivisions 1 to 9.
3.36EFFECTIVE DATE.This section is effective the day following final enactment.
