Bill Text: MN HF2536 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Women's Economic Security Act (WESA) various provisions established and modified, and money appropriated.
Spectrum: Partisan Bill (Democrat 36-0)
Status: (Passed) 2014-05-12 - Secretary of State Chapter 239 05/11/14 [HF2536 Detail]
Download: Minnesota-2013-HF2536-Engrossed.html
Bill Title: Women's Economic Security Act (WESA) various provisions established and modified, and money appropriated.
Spectrum: Partisan Bill (Democrat 36-0)
Status: (Passed) 2014-05-12 - Secretary of State Chapter 239 05/11/14 [HF2536 Detail]
Download: Minnesota-2013-HF2536-Engrossed.html
1.2relating to economic development; providing for the Women's Economic Security
1.3Act; modifying workforce development provisions; modifying eligibility
1.4for unemployment benefits; creating women in high-wage, high-demand,
1.5nontraditional jobs grant program; offering women entrepreneurs business
1.6development competitive grants; modifying pregnancy and parenting leave
1.7and accommodations; providing employment protections for women and
1.8family caregivers; protecting wage disclosure; appropriating money;amending
1.9Minnesota Statutes 2012, sections 181.939; 181.940, subdivision 2; 181.941;
1.10181.943; 268.095, subdivisions 1, 6; 363A.03, by adding a subdivision; 363A.08,
1.11subdivisions 1, 2, 3, 4, by adding subdivisions; Minnesota Statutes 2013
1.12Supplement, section 116L.665, subdivision 2; proposing coding for new law in
1.13Minnesota Statutes, chapters 116L; 181.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.17 Section 1. CITATION; WOMEN'S ECONOMIC SECURITY ACT.
1.18This act shall be known as the Women's Economic Security Act.
1.21 Section 1. Minnesota Statutes 2013 Supplement, section 116L.665, subdivision 2,
1.22is amended to read:
1.23 Subd. 2. Membership. The governor's Workforce Development Council is
1.24composed of 31 members appointed by the governor. The members may be removed
1.25pursuant to section15.059 . In selecting the representatives of the council, the governor
2.1shall ensure that 50 percent of the members come from nominations provided by local
2.2workforce councils. Local education representatives shall come from nominations
2.3provided by local education to employment partnerships. The 31 members shall represent
2.4the following sectors:
2.5(a) State agencies: the following individuals shall serve on the council:
2.6(1) commissioner of the Minnesota Department of Employment and Economic
2.7Development;
2.8(2) commissioner of the Minnesota Department of Education; and
2.9(3) commissioner of the Minnesota Department of Human Services.
2.10(b) Business and industry: six individuals shall represent the business and industry
2.11sectors of Minnesota.
2.12(c) Organized labor: six individuals shall represent labor organizations of Minnesota.
2.13(d) Community-based organizations: four individuals shall represent
2.14community-based organizations of Minnesota. Community-based organizations are
2.15defined by the Workforce Investment Act as private nonprofit organizations that are
2.16representative of communities or significant segments of communities and that have
2.17demonstrated expertise and effectiveness in the field of workforce investment and may
2.18include entities that provide job training services, serve youth, serve individuals with
2.19disabilities, serve displaced homemakers, union-related organizations, employer-related
2.20nonprofit organizations, and organizations serving nonreservation Indians and tribal
2.21governments.
2.22(e) Education: six individuals shall represent the education sector of Minnesota
2.23as follows:
2.24(1) one individual shall represent local public secondary education;
2.25(2) one individual shall have expertise in design and implementation of school-based
2.26service-learning;
2.27(3) one individual shall represent leadership of the University of Minnesota;
2.28(4) one individual shall represent secondary/postsecondary vocational institutions;
2.29(5) the chancellor of the Board of Trustees of the Minnesota State Colleges and
2.30Universities; and
2.31(6) one individual shall have expertise in agricultural education.
2.32(f) Other: two individuals shall represent other constituencies including:
2.33(1) units of local government; and
2.34(2) applicable state or local programs.
2.35The speaker and the minority leader of the house of representatives shall each
2.36appoint a representative to serve as an ex officio member of the council. The majority
3.1and minority leaders of the senate shall each appoint a senator to serve as an ex officio
3.2member of the council.
3.3The governor shall appoint one individual representing public libraries, one
3.4individual with expertise in assisting women in obtaining employment in high-wage,
3.5high-demand, nontraditional occupations, and one individual representing adult basic
3.6education programs to serve asa nonvoting advisor advisors to the council.
3.7(g) Appointment: each member shall be appointed for a term of three years from the
3.8first day of January or July immediately following their appointment. Elected officials
3.9shall forfeit their appointment if they cease to serve in elected office.
3.10(h) Members of the council are compensated as provided in section15.059,
3.11subdivision 3 .
3.12 Sec. 2. [116L.99] WOMEN AND HIGH-WAGE, HIGH-DEMAND,
3.13NONTRADITIONAL JOBS GRANT PROGRAM.
3.14 Subdivision 1. Definitions. (a) For the purpose of this section, the following terms
3.15have the meanings given.
3.16(b) "Commissioner" means the commissioner of employment and economic
3.17development.
3.18(c) ''Eligible organization'' includes, but is not limited to:
3.19(1) community-based organizations experienced in serving women;
3.20(2) employers;
3.21(3) business and trade associations;
3.22(4) labor unions and employee organizations;
3.23(5) registered apprenticeship programs;
3.24(6) secondary and postsecondary education institutions located in Minnesota; and
3.25(7) workforce and economic development agencies.
3.26(d) "High-wage, high-demand" means occupations that represent at least 0.1 percent
3.27of total employment in the base year, have an annual median salary which is higher than
3.28the average for the current year, and are projected to have more total openings as a share
3.29of employment than the average.
3.30(e) "Low-income" means income less than 200 percent of the federal poverty
3.31guideline adjusted for a family size of four.
3.32(f) "Nontraditional occupations'' means those occupations in which women make
3.33up less than 25 percent of the workforce as defined under United States Code, title 20,
3.34section 2302.
4.1(g) "Registered apprenticeship program'' means a program registered under United
4.2States Code, title 29, section 50.
4.3 Subd. 2. Grant program. The commissioner shall establish the women and
4.4high-wage, high-demand, nontraditional jobs grant program to increase the number of
4.5women in high-wage, high-demand, nontraditional occupations. The commissioner shall
4.6make grants to eligible organizations for programs that encourage and assist women to enter
4.7high-wage, high-demand, nontraditional occupations including but not limited to those in
4.8the skilled trades, science, technology, engineering, and math (STEM) occupations.
4.9 Subd. 3. Use of funds. (a) Grant funds awarded under this section may be used for:
4.10(1) recruitment, preparation, placement, and retention of women, including
4.11low-income women and women over 50 years old, in registered apprenticeships,
4.12postsecondary education programs, on-the-job training, and permanent employment in
4.13high-wage, high-demand, nontraditional occupations;
4.14(2) secondary or postsecondary education or other training to prepare women
4.15to succeed in high-wage, high-demand, nontraditional occupations. Activities under
4.16this clause may be conducted by the grantee or in collaboration with another institution,
4.17including but not limited to a public or private secondary or postsecondary school;
4.18(3) innovative, hands-on, best practices that stimulate interest in high-wage,
4.19high-demand, nontraditional occupations among girls, increase awareness among
4.20girls about opportunities in high-wage, high-demand, nontraditional occupations, or
4.21increase access to secondary programming leading to jobs in high-wage, high-demand,
4.22nontraditional occupations. Best practices include but are not limited to mentoring,
4.23internships, or apprenticeships for girls in high-wage, high-demand, nontraditional
4.24occupations;
4.25(4) training and other staff development for job seeker counselors and Minnesota
4.26family investment program (MFIP) caseworkers on opportunities in high-wage,
4.27high-demand, nontraditional occupations;
4.28(5) incentives for employers and sponsors of registered apprenticeship programs
4.29to retain women in high-wage, high-demand, nontraditional occupations for more than
4.30one year;
4.31(6) training and technical assistance for employers to create a safe and healthy
4.32workplace environment designed to retain and advance women, including best practices
4.33for addressing sexual harassment, and to overcome gender inequity among employers
4.34and registered apprenticeship programs;
5.1(7) public education and outreach activities to overcome stereotypes about women
5.2in high-wage, high-demand, nontraditional occupations, including the development of
5.3educational and marketing materials; and
5.4(8) support for women in high-wage, high-demand, nontraditional occupations
5.5including but not limited to assistance with workplace issues resolution and access to
5.6advocacy assistance and services.
5.7(b) Grant applications must include detailed information about how the applicant
5.8plans to:
5.9(1) increase women's participation in high-wage, high-demand occupations in which
5.10women are currently underrepresented in the workforce;
5.11(2) comply with the requirements under subdivision 3; and
5.12(3) use grant funds in conjunction with funding from other public or private sources.
5.13(c) In awarding grants under this subdivision, the commissioner shall give priority
5.14to eligible organizations:
5.15(1) with demonstrated success in recruiting and preparing women, especially
5.16low-income women and women over 50 years old, for high-wage, high-demand,
5.17nontraditional occupations; and
5.18(2) that leverage additional public and private resources.
5.19(d) At least 50 percent of total grant funds must be awarded to programs providing
5.20services and activities targeted to low-income women.
5.21(e) The commissioner of employment and economic development in conjunction
5.22with the commissioner of labor and industry shall monitor the use of funds under this
5.23section, collect and compile information on the activities of other state agencies and public
5.24or private entities that have purposes similar to those under this section, and identify other
5.25public and private funding available for these purposes.
5.26 Sec. 3. Minnesota Statutes 2012, section 268.095, subdivision 1, is amended to read:
5.27 Subdivision 1. Quit. An applicant who quit employment is ineligible for all
5.28unemployment benefits according to subdivision 10 except when:
5.29 (1) the applicant quit the employment because of a good reason caused by the
5.30employer as defined in subdivision 3;
5.31 (2) the applicant quit the employment to accept other covered employment that
5.32provided substantially better terms and conditions of employment, but the applicant did
5.33not work long enough at the second employment to have sufficient subsequent earnings to
5.34satisfy the period of ineligibility that would otherwise be imposed under subdivision 10
5.35for quitting the first employment;
6.1 (3) the applicant quit the employment within 30 calendar days of beginning the
6.2employment because the employment was unsuitable for the applicant;
6.3 (4) the employment was unsuitable for the applicant and the applicant quit to enter
6.4reemployment assistance training;
6.5 (5) the employment was part time and the applicant also had full-time employment
6.6in the base period, from which full-time employment the applicant separated because of
6.7reasons for which the applicant was held not to be ineligible, and the wage credits from
6.8the full-time employment are sufficient to meet the minimum requirements to establish a
6.9benefit account under section268.07 ;
6.10 (6) the applicant quit because the employer notified the applicant that the applicant
6.11was going to be laid off because of lack of work within 30 calendar days. An applicant
6.12who quit employment within 30 calendar days of a notified date of layoff because of lack
6.13of work is ineligible for unemployment benefits through the end of the week that includes
6.14the scheduled date of layoff;
6.15 (7) the applicant quit the employment (i) because the applicant's serious illness or
6.16injury made it medically necessary that the applicant quit; or (ii) in order to provide
6.17necessary care because of the illness, injury, or disability of an immediate family member
6.18of the applicant. This exception only applies if the applicant informs the employer of
6.19the medical problem and requests accommodation and no reasonable accommodation
6.20is made available.
6.21 If the applicant's serious illness is chemical dependency, this exception does not
6.22apply if the applicant was previously diagnosed as chemically dependent or had treatment
6.23for chemical dependency, and since that diagnosis or treatment has failed to make
6.24consistent efforts to control the chemical dependency.
6.25 This exception raises an issue of the applicant's being available for suitable
6.26employment under section268.085, subdivision 1 , that the commissioner must determine;
6.27 (8) the applicant's loss of child care for the applicant's minor child caused the
6.28applicant to quit the employment, provided the applicant made reasonable effort to obtain
6.29other child care and requested time off or other accommodation from the employer and no
6.30reasonable accommodation is available.
6.31 This exception raises an issue of the applicant's being available for suitable
6.32employment under section268.085, subdivision 1 , that the commissioner must determine;
6.33 (9) the applicant quit because domestic abuse, sexual assault, or stalking of the
6.34applicant or an immediate family member of the applicant, necessitated the applicant's
6.35quitting the employment.Domestic abuse must be shown by one or more of the following:
7.1(i) a district court order for protection or other documentation of equitable relief
7.2issued by a court;
7.3(ii) a police record documenting the domestic abuse;
7.4(iii) documentation that the perpetrator of the domestic abuse has been convicted
7.5of the offense of domestic abuse;
7.6(iv) medical documentation of domestic abuse; or
7.7(v) written statement that the applicant or an immediate family member of the
7.8applicant is a victim of domestic abuse, provided by a social worker, member of the
7.9clergy, shelter worker, attorney at law, or other professional who has assisted the applicant
7.10in dealing with the domestic abuse.
7.11Domestic abuse for purposes of this clause is defined under section
518B.01; or
7.12For purposes of this section:
7.13(i) "domestic abuse" has the meaning given in section518B.01 ;
7.14(ii) "sexual assault" means an act that would constitute a violation of sections
7.15609.342 to 609.3453 or 609.352; and
7.16(iii) "stalking" means an act that would constitute a violation of section 609.749; or
7.17(10) the applicant quit in order to relocate to accompany a spouse whose job location
7.18changed making it impractical for the applicant to commute.
7.19EFFECTIVE DATE.This section is effective October 5, 2014, and applies to all
7.20determinations and appeal decisions issued on or after that date.
7.21 Sec. 4. Minnesota Statutes 2012, section 268.095, subdivision 6, is amended to read:
7.22 Subd. 6. Employment misconduct defined. (a) Employment misconduct means any
7.23intentional, negligent, or indifferent conduct, on the job or off the job that displays clearly:
7.24(1) a serious violation of the standards of behavior the employer has the right to
7.25reasonably expect of the employee; or
7.26(2) a substantial lack of concern for the employment.
7.27(b) Regardless of paragraph (a), the following is not employment misconduct:
7.28(1) conduct that was a consequence of the applicant's mental illness or impairment;
7.29 (2) conduct that was a consequence of the applicant's inefficiency or inadvertence;
7.30(3) simple unsatisfactory conduct;
7.31(4) conduct an average reasonable employee would have engaged in under the
7.32circumstances;
7.33(5) conduct that was a consequence of the applicant's inability or incapacity;
7.34(6) good faith errors in judgment if judgment was required;
8.1(7) absence because of illness or injury of the applicant, with proper notice to the
8.2employer;
8.3(8) absence, with proper notice to the employer, in order to provide necessary care
8.4because of the illness, injury, or disability of an immediate family member of the applicant;
8.5 (9) conduct that was a consequence of the applicant's chemical dependency, unless
8.6the applicant was previously diagnosed chemically dependent or had treatment for
8.7chemical dependency, and since that diagnosis or treatment has failed to make consistent
8.8efforts to control the chemical dependency; or
8.9 (10) conduct that was a consequence of the applicant, or an immediate family
8.10member of the applicant, being a victim of domestic abuseas defined under section
8.11518B.01Domestic abuse must be shown as provided for in
8.12subdivision 1, clause (9).
8.13 (c) Regardless of paragraph (b), clause (9), conduct in violation of sections169A.20 ,
8.14169A.31
, or
169A.50 to
169A.53 that interferes with or adversely affects the employment
8.15is employment misconduct.
8.16(d) If the conduct for which the applicant was discharged involved only a single
8.17incident, that is an important fact that must be considered in deciding whether the conduct
8.18rises to the level of employment misconduct under paragraph (a). This paragraph does
8.19not require that a determination under section268.101 or decision under section
268.105
8.20contain a specific acknowledgment or explanation that this paragraph was considered.
8.21 (e) The definition of employment misconduct provided by this subdivision is
8.22exclusive and no other definition applies.
8.23EFFECTIVE DATE.This section is effective October 5, 2014, and applies to all
8.24determinations and appeal decisions issued on or after that date.
8.25 Sec. 5. HIGH-WAGE, HIGH-DEMAND, NONTRADITIONAL JOBS
8.26PROGRAM APPROPRIATION.
8.27$500,000 is appropriated from the general fund in fiscal year 2015 to the
8.28commissioner of employment and economic development to develop and implement the
8.29women and high-wage, high-demand, nontraditional jobs grant program under Minnesota
8.30Statutes, section 116L.99. Funds available under this section must not supplant other
8.31funds available for the same purposes.
8.32 Sec. 6. WOMEN ENTREPRENEURS BUSINESS DEVELOPMENT;
8.33APPROPRIATION.
9.1(a) $500,000 in fiscal year 2015 is appropriated from the general fund to the
9.2commissioner of employment and economic development for grants to Women Venture
9.3and the Arrowhead Economic Opportunity Agency to facilitate and promote the creation
9.4and expansion of women-owned businesses. Funds available under this section must be
9.5divided equally among grant recipients. This is a onetime appropriation. Grant funds may
9.6be used only for the purposes under paragraph (b) except that up to ten percent of each
9.7grant award may be used by grant recipients for administrative costs.
9.8(b) Grants awarded under this section must be used for:
9.9(1) entrepreneurial training, mentoring, and technical assistance for the startup or
9.10expansion of eligible women-owned businesses;
9.11(2) development of networks of potential investors for eligible women-owned
9.12businesses; and
9.13(3) development of recruitment programs for mid-career women with an interest in
9.14starting eligible women-owned businesses.
9.15(c) For the purposes of this section "eligible women-owned business" means a
9.16business entity:
9.17(1) that is at least 51 percent female owned or, in the case of a publicly traded
9.18business, at least 51 percent of the stock is female owned;
9.19(2) whose management and daily operations are controlled by women;
9.20(3) that is organized for profit;
9.21(4) that is projected to generate at least $500,000 in annual revenue and create at
9.22least ten jobs, each of which pay an annual income equal to at least 200 percent of the
9.23federal poverty guideline adjusted for a family size of four; and
9.24(5) in the field of construction; transportation; warehousing; agriculture; mining;
9.25finance; insurance; professional, technical, or scientific services; technology; or other
9.26industries with businesses meeting the revenue and job creation requirements of clause (4).
9.27(d) A grant award under this section does not affect any other grant award or
9.28appropriation made to a grant recipient.
9.29 Sec. 7. WOMEN AND HIGH-WAGE, HIGH-DEMAND, NONTRADITIONAL
9.30JOBS APPRENTICESHIPS; APPROPRIATION.
9.31$250,000 is appropriated from the general fund in fiscal year 2015 to the
9.32commissioner of labor and industry for the labor education advancement program under
9.33Minnesota Statutes, section 178.11, to educate, promote, assist, and support women to enter
9.34apprenticeship programs in high-wage, high-demand, nontraditional occupations. Funds
9.35available under this section must not supplant other funds available for the same purposes.
10.3 Section 1. Minnesota Statutes 2012, section 181.940, subdivision 2, is amended to read:
10.4 Subd. 2. Employee. "Employee" means a person who performs services for hire for
10.5an employer from whom a leave is requested under sections181.940 to
181.944 for:
10.6(1) at least 12consecutive months immediately preceding the request; and
10.7(2) for an average number of hours per week equal to one-half the full-time
10.8equivalent position in the employee's job classification as defined by the employer's
10.9personnel policies or practices or pursuant to the provisions of a collective bargaining
10.10agreement, duringthose 12 months the 12-month period immediately preceding the leave.
10.11Employee includes all individuals employed at any site owned or operated by the
10.12employer but does not include an independent contractor.
10.13 Sec. 2. Minnesota Statutes 2012, section 181.941, is amended to read:
10.14181.941 PREGNANCY AND PARENTING LEAVE.
10.15 Subdivision 1.Six Twelve-week leave; pregnancy, birth, or adoption. (a) An
10.16employer must grant an unpaid leave of absence to an employee who isa natural or
10.17adoptive parent in conjunction with the birth or adoption of a child. The length of the
10.18leave shall be determined by the employee, but may not exceed six weeks, unless agreed
10.19to by the employer.:
10.20(1) a natural or adoptive parent in conjunction with the birth or adoption of a child; or
10.21(2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth,
10.22or related health conditions.
10.23(b) The length of the leave shall be determined by the employee, but must not exceed
10.2412 weeks, unless agreed to by the employer.
10.25 Subd. 2. Start of leave. The leave shall begin at a time requested by the employee.
10.26The employer may adopt reasonable policies governing the timing of requests for unpaid
10.27leave. and may require an employee who plans to take a leave under this section to give
10.28the employer reasonable notice of the date the leave shall commence and the estimated
10.29duration of the leave. For leave taken under subdivision 1, paragraph (a), clause (1), the
10.30leavemay must begin not more than six weeks after within 12 months of the birth or
10.31adoption; except that, in the case where the child must remain in the hospital longer than
10.32the mother, the leavemay not must begin more than six weeks within 12 months after the
10.33child leaves the hospital.
11.1 Subd. 3. No employer retribution. An employer shall not retaliate against an
11.2employee for requesting or obtaining a leave of absence as provided by this section.
11.3 Subd. 4. Continued insurance. The employer must continue to make coverage
11.4available to the employee while on leave of absence under any group insurance policy,
11.5group subscriber contract, or health care plan for the employee and any dependents.
11.6Nothing in this section requires the employer to pay the costs of the insurance or health
11.7care while the employee is on leave of absence.
11.8 Sec. 3. [181.9414] PREGNANCY ACCOMMODATIONS.
11.9 Subdivision 1. Accommodation. An employer must provide reasonable
11.10accommodation for an employee for conditions related to pregnancy, childbirth, or related
11.11health conditions, if she so requests. The employer may provide the accommodation
11.12requested by the employee or an equally effective alternative. "Reasonable
11.13accommodation" includes, but is not limited to: seating, frequent restroom breaks, and
11.14limits to heavy lifting.
11.15 Subd. 2. Transfer. An employer must temporarily transfer a pregnant female
11.16employee to a less strenuous or hazardous position for the duration of her pregnancy if she
11.17so requests where that transfer can be reasonably accommodated. An employee requesting
11.18a temporary transfer shall be required to provide to the employer a certification of medical
11.19necessity from her doctor. However, no employer shall be required by this subdivision to
11.20create additional employment that the employer would not otherwise have created, nor
11.21shall the employer be required to discharge any employee, transfer any employee with
11.22more seniority, or promote any employee who is not qualified to perform the job.
11.23 Subd. 3. Interaction with other laws. Nothing in this section shall be construed to
11.24affect any other provision of law relating to sex discrimination or pregnancy, or in any
11.25way to diminish the coverage of pregnancy, childbirth, or health conditions related to
11.26pregnancy or childbirth under any other provisions of any other law.
11.27 Subd. 4. No employer retribution. An employer shall not retaliate against an
11.28employee for requesting or obtaining accommodation under this section.
11.29EFFECTIVE DATE.This section is effective the day following final enactment.
11.30 Sec. 4. Minnesota Statutes 2012, section 181.943, is amended to read:
11.31181.943 RELATIONSHIP TO OTHER LEAVE.
11.32(a) The length ofparental leave provided under section
181.941 may be reduced
11.33by any period ofpaid parental or disability leave, but not accrued sick leave, provided
12.1by the employer, so that the total leave does not exceed six weeks, unless agreed to by
12.2the employer.:
12.3(1) paid parental, disability, personal, medical, or sick leave, or accrued vacation
12.4provided by the employer so that the total leave does not exceed 12 weeks, unless agreed
12.5to by the employer; or
12.6(2) leave taken for the same purpose by the employee under United States Code,
12.7title 29, chapter 28.
12.8(b) Nothing in sections181.940 to
181.943 prevents any employer from providing
12.9leave benefits in addition to those provided in sections181.940 to
181.944 or otherwise
12.10affects an employee's rights with respect to any other employment benefit.
12.13 Section 1. Minnesota Statutes 2012, section 181.939, is amended to read:
12.14181.939 NURSING MOTHERS.
12.15(a) An employer must provide reasonable unpaid break time each day to an
12.16employee who needs to express breast milk for her infant child. The break time must,
12.17if possible, run concurrently with any break time already provided to the employee. An
12.18employer is not required to provide break time under this section if to do so would unduly
12.19disrupt the operations of the employer.
12.20(b) The employer must make reasonable efforts to provide a room or other location,
12.21in close proximity to the work area, other than a toilet stall, that is shielded from view and
12.22free from intrusion and that includes access to an electrical outlet, where the employee
12.23can express her milk in privacy. The employer would be held harmless if reasonable
12.24effort has been made.
12.25(c) For the purposes of this section, "employer" means a person or entity that
12.26employs one or more employees and includes the state and its political subdivisions.
12.27(d) A violation of this section is an unfair employment practice as provided for under
12.28section 363A.08, subdivision 8.
12.29 Sec. 2. Minnesota Statutes 2012, section 363A.03, is amended by adding a subdivision
12.30to read:
12.31 Subd. 18a. Family caregiver. "Family caregiver" means a person who cares for
12.32another person:
12.33(1) who is related by blood, marriage, or legal custody; or
13.1(2) with whom the person lives in a familial relationship.
13.2EFFECTIVE DATE.This section is effective the day following final enactment.
13.3 Sec. 3. Minnesota Statutes 2012, section 363A.08, subdivision 1, is amended to read:
13.4 Subdivision 1. Labor organization. Except when based on a bona fide occupational
13.5qualification, it is an unfair employment practice for a labor organization, because of race,
13.6color, creed, religion, national origin, sex, marital status, status with regard to public
13.7assistance, familial status, status as a family caregiver, disability, sexual orientation, or age:
13.8(1) to deny full and equal membership rights to a person seeking membership or
13.9to a member;
13.10(2) to expel a member from membership;
13.11(3) to discriminate against a person seeking membership or a member with respect
13.12to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities,
13.13or privileges of employment; or
13.14(4) to fail to classify properly, or refer for employment or otherwise to discriminate
13.15against a person or member.
13.16EFFECTIVE DATE.This section is effective the day following final enactment.
13.17 Sec. 4. Minnesota Statutes 2012, section 363A.08, subdivision 2, is amended to read:
13.18 Subd. 2. Employer. Except when based on a bona fide occupational qualification, it
13.19is an unfair employment practice for an employer, because of race, color, creed, religion,
13.20national origin, sex, marital status, status with regard to public assistance, familial status,
13.21status as a family caregiver, membership or activity in a local commission, disability,
13.22sexual orientation, or age to:
13.23(1) refuse to hire or to maintain a system of employment which unreasonably
13.24excludes a person seeking employment; or
13.25(2) discharge an employee; or
13.26(3) discriminate against a person with respect to hiring, tenure, compensation, terms,
13.27upgrading, conditions, facilities, or privileges of employment.
13.28EFFECTIVE DATE.This section is effective the day following final enactment.
13.29 Sec. 5. Minnesota Statutes 2012, section 363A.08, subdivision 3, is amended to read:
13.30 Subd. 3. Employment agency. Except when based on a bona fide occupational
13.31qualification, it is an unfair employment practice for an employment agency, because of
13.32race, color, creed, religion, national origin, sex, marital status, status with regard to public
14.1assistance, familial status, status as a family caregiver, disability, sexual orientation, or
14.2age to:
14.3(1) refuse or fail to accept, register, classify properly, or refer for employment or
14.4otherwise to discriminate against a person; or
14.5(2) comply with a request from an employer for referral of applicants for
14.6employment if the request indicates directly or indirectly that the employer fails to comply
14.7with the provisions of this chapter.
14.8EFFECTIVE DATE.This section is effective the day following final enactment.
14.9 Sec. 6. Minnesota Statutes 2012, section 363A.08, subdivision 4, is amended to read:
14.10 Subd. 4. Employer, employment agency, or labor organization. (a) Except when
14.11based on a bona fide occupational qualification, it is an unfair employment practice for an
14.12employer, employment agency, or labor organization, before a person is employed by an
14.13employer or admitted to membership in a labor organization, to:
14.14(1) require or request the person to furnish information that pertains to race, color,
14.15creed, religion, national origin, sex, marital status, status with regard to public assistance,
14.16 familial status, status as a family caregiver, disability, sexual orientation, or age; or, subject
14.17to section363A.20 , to require or request a person to undergo physical examination; unless
14.18for the sole and exclusive purpose of national security, information pertaining to national
14.19origin is required by the United States, this state or a political subdivision or agency of
14.20the United States or this state, or for the sole and exclusive purpose of compliance with
14.21the Public Contracts Act or any rule, regulation, or laws of the United States or of this
14.22state requiring the information or examination. A law enforcement agency may, after
14.23notifying an applicant for a peace officer or part-time peace officer position that the law
14.24enforcement agency is commencing the background investigation on the applicant, request
14.25the applicant's date of birth, gender, and race on a separate form for the sole and exclusive
14.26purpose of conducting a criminal history check, a driver's license check, and fingerprint
14.27criminal history inquiry. The form shall include a statement indicating why the data is
14.28being collected and what its limited use will be. No document which has date of birth,
14.29gender, or race information will be included in the information given to or available to
14.30any person who is involved in selecting the person or persons employed other than the
14.31background investigator. No person may act both as background investigator and be
14.32involved in the selection of an employee except that the background investigator's report
14.33about background may be used in that selection as long as no direct or indirect references
14.34are made to the applicant's race, age, or gender; or
15.1(2) seek and obtain for purposes of making a job decision, information from any
15.2source that pertains to the person's race, color, creed, religion, national origin, sex,
15.3marital status, status with regard to public assistance, familial status, status as a family
15.4caregiver, disability, sexual orientation, or age, unless for the sole and exclusive purpose
15.5of compliance with the Public Contracts Act or any rule, regulation, or laws of the United
15.6States or of this state requiring the information; or
15.7(3) cause to be printed or published a notice or advertisement that relates to
15.8employment or membership and discloses a preference, limitation, specification, or
15.9discrimination based on race, color, creed, religion, national origin, sex, marital status,
15.10status with regard to public assistance, familial status, status as a family caregiver,
15.11 disability, sexual orientation, or age.
15.12(b) Any individual who is required to provide information that is prohibited by this
15.13subdivision is an aggrieved party under sections363A.06, subdivision 4 , and
363A.28 ,
15.14subdivisions 1 to 9.
15.15EFFECTIVE DATE.This section is effective the day following final enactment.
15.16 Sec. 7. Minnesota Statutes 2012, section 363A.08, is amended by adding a subdivision
15.17to read:
15.18 Subd. 8. Nursing mothers. Except when based on a bona fide occupational
15.19qualification, any violation of section 181.939 by an employer is an unfair employment
15.20practice.
15.21 Sec. 8. Minnesota Statutes 2012, section 363A.08, is amended by adding a subdivision
15.22to read:
15.23 Subd. 9. Wage disclosure protection. (a) An employer shall not:
15.24(1) require nondisclosure by an employee of the employee's wages as a condition of
15.25employment;
15.26(2) require an employee to sign a waiver or other document which purports to deny
15.27an employee the right to disclose the employee's wages; or
15.28(3) take any adverse employment action against an employee for disclosing the
15.29employee's own wages or discussing another employee's wages which have been disclosed
15.30voluntarily.
15.31(b) Nothing in this section shall be construed to:
15.32(1) create an obligation on any employer or employee to disclose wages;
16.1(2) permit an employee, without the written consent of the employer, to disclose
16.2proprietary information, trade secret information, or information that is otherwise subject
16.3to a legal privilege or protected by law;
16.4(3) diminish any existing rights under the National Labor Relations Act under
16.5United States Code, title 29; or
16.6(4) permit the employee to disclose wage information to a competitor of their
16.7employer.
16.8EFFECTIVE DATE. This section is effective the day following final enactment.
1.3Act; modifying workforce development provisions; modifying eligibility
1.4for unemployment benefits; creating women in high-wage, high-demand,
1.5nontraditional jobs grant program; offering women entrepreneurs business
1.6development competitive grants; modifying pregnancy and parenting leave
1.7and accommodations; providing employment protections for women and
1.8family caregivers; protecting wage disclosure; appropriating money;amending
1.9Minnesota Statutes 2012, sections 181.939; 181.940, subdivision 2; 181.941;
1.10181.943; 268.095, subdivisions 1, 6; 363A.03, by adding a subdivision; 363A.08,
1.11subdivisions 1, 2, 3, 4, by adding subdivisions; Minnesota Statutes 2013
1.12Supplement, section 116L.665, subdivision 2; proposing coding for new law in
1.13Minnesota Statutes, chapters 116L; 181.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.17 Section 1. CITATION; WOMEN'S ECONOMIC SECURITY ACT.
1.18This act shall be known as the Women's Economic Security Act.
1.21 Section 1. Minnesota Statutes 2013 Supplement, section 116L.665, subdivision 2,
1.22is amended to read:
1.23 Subd. 2. Membership. The governor's Workforce Development Council is
1.24composed of 31 members appointed by the governor. The members may be removed
1.25pursuant to section
2.1shall ensure that 50 percent of the members come from nominations provided by local
2.2workforce councils. Local education representatives shall come from nominations
2.3provided by local education to employment partnerships. The 31 members shall represent
2.4the following sectors:
2.5(a) State agencies: the following individuals shall serve on the council:
2.6(1) commissioner of the Minnesota Department of Employment and Economic
2.7Development;
2.8(2) commissioner of the Minnesota Department of Education; and
2.9(3) commissioner of the Minnesota Department of Human Services.
2.10(b) Business and industry: six individuals shall represent the business and industry
2.11sectors of Minnesota.
2.12(c) Organized labor: six individuals shall represent labor organizations of Minnesota.
2.13(d) Community-based organizations: four individuals shall represent
2.14community-based organizations of Minnesota. Community-based organizations are
2.15defined by the Workforce Investment Act as private nonprofit organizations that are
2.16representative of communities or significant segments of communities and that have
2.17demonstrated expertise and effectiveness in the field of workforce investment and may
2.18include entities that provide job training services, serve youth, serve individuals with
2.19disabilities, serve displaced homemakers, union-related organizations, employer-related
2.20nonprofit organizations, and organizations serving nonreservation Indians and tribal
2.21governments.
2.22(e) Education: six individuals shall represent the education sector of Minnesota
2.23as follows:
2.24(1) one individual shall represent local public secondary education;
2.25(2) one individual shall have expertise in design and implementation of school-based
2.26service-learning;
2.27(3) one individual shall represent leadership of the University of Minnesota;
2.28(4) one individual shall represent secondary/postsecondary vocational institutions;
2.29(5) the chancellor of the Board of Trustees of the Minnesota State Colleges and
2.30Universities; and
2.31(6) one individual shall have expertise in agricultural education.
2.32(f) Other: two individuals shall represent other constituencies including:
2.33(1) units of local government; and
2.34(2) applicable state or local programs.
2.35The speaker and the minority leader of the house of representatives shall each
2.36appoint a representative to serve as an ex officio member of the council. The majority
3.1and minority leaders of the senate shall each appoint a senator to serve as an ex officio
3.2member of the council.
3.3The governor shall appoint one individual representing public libraries, one
3.4individual with expertise in assisting women in obtaining employment in high-wage,
3.5high-demand, nontraditional occupations, and one individual representing adult basic
3.6education programs to serve as
3.7(g) Appointment: each member shall be appointed for a term of three years from the
3.8first day of January or July immediately following their appointment. Elected officials
3.9shall forfeit their appointment if they cease to serve in elected office.
3.10(h) Members of the council are compensated as provided in section
3.11subdivision 3
3.12 Sec. 2. [116L.99] WOMEN AND HIGH-WAGE, HIGH-DEMAND,
3.13NONTRADITIONAL JOBS GRANT PROGRAM.
3.14 Subdivision 1. Definitions. (a) For the purpose of this section, the following terms
3.15have the meanings given.
3.16(b) "Commissioner" means the commissioner of employment and economic
3.17development.
3.18(c) ''Eligible organization'' includes, but is not limited to:
3.19(1) community-based organizations experienced in serving women;
3.20(2) employers;
3.21(3) business and trade associations;
3.22(4) labor unions and employee organizations;
3.23(5) registered apprenticeship programs;
3.24(6) secondary and postsecondary education institutions located in Minnesota; and
3.25(7) workforce and economic development agencies.
3.26(d) "High-wage, high-demand" means occupations that represent at least 0.1 percent
3.27of total employment in the base year, have an annual median salary which is higher than
3.28the average for the current year, and are projected to have more total openings as a share
3.29of employment than the average.
3.30(e) "Low-income" means income less than 200 percent of the federal poverty
3.31guideline adjusted for a family size of four.
3.32(f) "Nontraditional occupations'' means those occupations in which women make
3.33up less than 25 percent of the workforce as defined under United States Code, title 20,
3.34section 2302.
4.1(g) "Registered apprenticeship program'' means a program registered under United
4.2States Code, title 29, section 50.
4.3 Subd. 2. Grant program. The commissioner shall establish the women and
4.4high-wage, high-demand, nontraditional jobs grant program to increase the number of
4.5women in high-wage, high-demand, nontraditional occupations. The commissioner shall
4.6make grants to eligible organizations for programs that encourage and assist women to enter
4.7high-wage, high-demand, nontraditional occupations including but not limited to those in
4.8the skilled trades, science, technology, engineering, and math (STEM) occupations.
4.9 Subd. 3. Use of funds. (a) Grant funds awarded under this section may be used for:
4.10(1) recruitment, preparation, placement, and retention of women, including
4.11low-income women and women over 50 years old, in registered apprenticeships,
4.12postsecondary education programs, on-the-job training, and permanent employment in
4.13high-wage, high-demand, nontraditional occupations;
4.14(2) secondary or postsecondary education or other training to prepare women
4.15to succeed in high-wage, high-demand, nontraditional occupations. Activities under
4.16this clause may be conducted by the grantee or in collaboration with another institution,
4.17including but not limited to a public or private secondary or postsecondary school;
4.18(3) innovative, hands-on, best practices that stimulate interest in high-wage,
4.19high-demand, nontraditional occupations among girls, increase awareness among
4.20girls about opportunities in high-wage, high-demand, nontraditional occupations, or
4.21increase access to secondary programming leading to jobs in high-wage, high-demand,
4.22nontraditional occupations. Best practices include but are not limited to mentoring,
4.23internships, or apprenticeships for girls in high-wage, high-demand, nontraditional
4.24occupations;
4.25(4) training and other staff development for job seeker counselors and Minnesota
4.26family investment program (MFIP) caseworkers on opportunities in high-wage,
4.27high-demand, nontraditional occupations;
4.28(5) incentives for employers and sponsors of registered apprenticeship programs
4.29to retain women in high-wage, high-demand, nontraditional occupations for more than
4.30one year;
4.31(6) training and technical assistance for employers to create a safe and healthy
4.32workplace environment designed to retain and advance women, including best practices
4.33for addressing sexual harassment, and to overcome gender inequity among employers
4.34and registered apprenticeship programs;
5.1(7) public education and outreach activities to overcome stereotypes about women
5.2in high-wage, high-demand, nontraditional occupations, including the development of
5.3educational and marketing materials; and
5.4(8) support for women in high-wage, high-demand, nontraditional occupations
5.5including but not limited to assistance with workplace issues resolution and access to
5.6advocacy assistance and services.
5.7(b) Grant applications must include detailed information about how the applicant
5.8plans to:
5.9(1) increase women's participation in high-wage, high-demand occupations in which
5.10women are currently underrepresented in the workforce;
5.11(2) comply with the requirements under subdivision 3; and
5.12(3) use grant funds in conjunction with funding from other public or private sources.
5.13(c) In awarding grants under this subdivision, the commissioner shall give priority
5.14to eligible organizations:
5.15(1) with demonstrated success in recruiting and preparing women, especially
5.16low-income women and women over 50 years old, for high-wage, high-demand,
5.17nontraditional occupations; and
5.18(2) that leverage additional public and private resources.
5.19(d) At least 50 percent of total grant funds must be awarded to programs providing
5.20services and activities targeted to low-income women.
5.21(e) The commissioner of employment and economic development in conjunction
5.22with the commissioner of labor and industry shall monitor the use of funds under this
5.23section, collect and compile information on the activities of other state agencies and public
5.24or private entities that have purposes similar to those under this section, and identify other
5.25public and private funding available for these purposes.
5.26 Sec. 3. Minnesota Statutes 2012, section 268.095, subdivision 1, is amended to read:
5.27 Subdivision 1. Quit. An applicant who quit employment is ineligible for all
5.28unemployment benefits according to subdivision 10 except when:
5.29 (1) the applicant quit the employment because of a good reason caused by the
5.30employer as defined in subdivision 3;
5.31 (2) the applicant quit the employment to accept other covered employment that
5.32provided substantially better terms and conditions of employment, but the applicant did
5.33not work long enough at the second employment to have sufficient subsequent earnings to
5.34satisfy the period of ineligibility that would otherwise be imposed under subdivision 10
5.35for quitting the first employment;
6.1 (3) the applicant quit the employment within 30 calendar days of beginning the
6.2employment because the employment was unsuitable for the applicant;
6.3 (4) the employment was unsuitable for the applicant and the applicant quit to enter
6.4reemployment assistance training;
6.5 (5) the employment was part time and the applicant also had full-time employment
6.6in the base period, from which full-time employment the applicant separated because of
6.7reasons for which the applicant was held not to be ineligible, and the wage credits from
6.8the full-time employment are sufficient to meet the minimum requirements to establish a
6.9benefit account under section
6.10 (6) the applicant quit because the employer notified the applicant that the applicant
6.11was going to be laid off because of lack of work within 30 calendar days. An applicant
6.12who quit employment within 30 calendar days of a notified date of layoff because of lack
6.13of work is ineligible for unemployment benefits through the end of the week that includes
6.14the scheduled date of layoff;
6.15 (7) the applicant quit the employment (i) because the applicant's serious illness or
6.16injury made it medically necessary that the applicant quit; or (ii) in order to provide
6.17necessary care because of the illness, injury, or disability of an immediate family member
6.18of the applicant. This exception only applies if the applicant informs the employer of
6.19the medical problem and requests accommodation and no reasonable accommodation
6.20is made available.
6.21 If the applicant's serious illness is chemical dependency, this exception does not
6.22apply if the applicant was previously diagnosed as chemically dependent or had treatment
6.23for chemical dependency, and since that diagnosis or treatment has failed to make
6.24consistent efforts to control the chemical dependency.
6.25 This exception raises an issue of the applicant's being available for suitable
6.26employment under section
6.27 (8) the applicant's loss of child care for the applicant's minor child caused the
6.28applicant to quit the employment, provided the applicant made reasonable effort to obtain
6.29other child care and requested time off or other accommodation from the employer and no
6.30reasonable accommodation is available.
6.31 This exception raises an issue of the applicant's being available for suitable
6.32employment under section
6.33 (9) the applicant quit because domestic abuse, sexual assault, or stalking of the
6.34applicant or an immediate family member of the applicant, necessitated the applicant's
6.35quitting the employment.
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
7.12For purposes of this section:
7.13(i) "domestic abuse" has the meaning given in section
7.14(ii) "sexual assault" means an act that would constitute a violation of sections
7.15609.342 to 609.3453 or 609.352; and
7.16(iii) "stalking" means an act that would constitute a violation of section 609.749; or
7.17(10) the applicant quit in order to relocate to accompany a spouse whose job location
7.18changed making it impractical for the applicant to commute.
7.19EFFECTIVE DATE.This section is effective October 5, 2014, and applies to all
7.20determinations and appeal decisions issued on or after that date.
7.21 Sec. 4. Minnesota Statutes 2012, section 268.095, subdivision 6, is amended to read:
7.22 Subd. 6. Employment misconduct defined. (a) Employment misconduct means any
7.23intentional, negligent, or indifferent conduct, on the job or off the job that displays clearly:
7.24(1) a serious violation of the standards of behavior the employer has the right to
7.25reasonably expect of the employee; or
7.26(2) a substantial lack of concern for the employment.
7.27(b) Regardless of paragraph (a), the following is not employment misconduct:
7.28(1) conduct that was a consequence of the applicant's mental illness or impairment;
7.29 (2) conduct that was a consequence of the applicant's inefficiency or inadvertence;
7.30(3) simple unsatisfactory conduct;
7.31(4) conduct an average reasonable employee would have engaged in under the
7.32circumstances;
7.33(5) conduct that was a consequence of the applicant's inability or incapacity;
7.34(6) good faith errors in judgment if judgment was required;
8.1(7) absence because of illness or injury of the applicant, with proper notice to the
8.2employer;
8.3(8) absence, with proper notice to the employer, in order to provide necessary care
8.4because of the illness, injury, or disability of an immediate family member of the applicant;
8.5 (9) conduct that was a consequence of the applicant's chemical dependency, unless
8.6the applicant was previously diagnosed chemically dependent or had treatment for
8.7chemical dependency, and since that diagnosis or treatment has failed to make consistent
8.8efforts to control the chemical dependency; or
8.9 (10) conduct that was a consequence of the applicant, or an immediate family
8.10member of the applicant, being a victim of domestic abuse
8.11
8.12
8.13 (c) Regardless of paragraph (b), clause (9), conduct in violation of sections
8.15is employment misconduct.
8.16(d) If the conduct for which the applicant was discharged involved only a single
8.17incident, that is an important fact that must be considered in deciding whether the conduct
8.18rises to the level of employment misconduct under paragraph (a). This paragraph does
8.19not require that a determination under section
8.21 (e) The definition of employment misconduct provided by this subdivision is
8.22exclusive and no other definition applies.
8.23EFFECTIVE DATE.This section is effective October 5, 2014, and applies to all
8.24determinations and appeal decisions issued on or after that date.
8.25 Sec. 5. HIGH-WAGE, HIGH-DEMAND, NONTRADITIONAL JOBS
8.26PROGRAM APPROPRIATION.
8.27$500,000 is appropriated from the general fund in fiscal year 2015 to the
8.28commissioner of employment and economic development to develop and implement the
8.29women and high-wage, high-demand, nontraditional jobs grant program under Minnesota
8.30Statutes, section 116L.99. Funds available under this section must not supplant other
8.31funds available for the same purposes.
8.32 Sec. 6. WOMEN ENTREPRENEURS BUSINESS DEVELOPMENT;
8.33APPROPRIATION.
9.1(a) $500,000 in fiscal year 2015 is appropriated from the general fund to the
9.2commissioner of employment and economic development for grants to Women Venture
9.3and the Arrowhead Economic Opportunity Agency to facilitate and promote the creation
9.4and expansion of women-owned businesses. Funds available under this section must be
9.5divided equally among grant recipients. This is a onetime appropriation. Grant funds may
9.6be used only for the purposes under paragraph (b) except that up to ten percent of each
9.7grant award may be used by grant recipients for administrative costs.
9.8(b) Grants awarded under this section must be used for:
9.9(1) entrepreneurial training, mentoring, and technical assistance for the startup or
9.10expansion of eligible women-owned businesses;
9.11(2) development of networks of potential investors for eligible women-owned
9.12businesses; and
9.13(3) development of recruitment programs for mid-career women with an interest in
9.14starting eligible women-owned businesses.
9.15(c) For the purposes of this section "eligible women-owned business" means a
9.16business entity:
9.17(1) that is at least 51 percent female owned or, in the case of a publicly traded
9.18business, at least 51 percent of the stock is female owned;
9.19(2) whose management and daily operations are controlled by women;
9.20(3) that is organized for profit;
9.21(4) that is projected to generate at least $500,000 in annual revenue and create at
9.22least ten jobs, each of which pay an annual income equal to at least 200 percent of the
9.23federal poverty guideline adjusted for a family size of four; and
9.24(5) in the field of construction; transportation; warehousing; agriculture; mining;
9.25finance; insurance; professional, technical, or scientific services; technology; or other
9.26industries with businesses meeting the revenue and job creation requirements of clause (4).
9.27(d) A grant award under this section does not affect any other grant award or
9.28appropriation made to a grant recipient.
9.29 Sec. 7. WOMEN AND HIGH-WAGE, HIGH-DEMAND, NONTRADITIONAL
9.30JOBS APPRENTICESHIPS; APPROPRIATION.
9.31$250,000 is appropriated from the general fund in fiscal year 2015 to the
9.32commissioner of labor and industry for the labor education advancement program under
9.33Minnesota Statutes, section 178.11, to educate, promote, assist, and support women to enter
9.34apprenticeship programs in high-wage, high-demand, nontraditional occupations. Funds
9.35available under this section must not supplant other funds available for the same purposes.
10.3 Section 1. Minnesota Statutes 2012, section 181.940, subdivision 2, is amended to read:
10.4 Subd. 2. Employee. "Employee" means a person who performs services for hire for
10.5an employer from whom a leave is requested under sections
10.6(1) at least 12
10.7(2) for an average number of hours per week equal to one-half the full-time
10.8equivalent position in the employee's job classification as defined by the employer's
10.9personnel policies or practices or pursuant to the provisions of a collective bargaining
10.10agreement, during
10.11Employee includes all individuals employed at any site owned or operated by the
10.12employer but does not include an independent contractor.
10.13 Sec. 2. Minnesota Statutes 2012, section 181.941, is amended to read:
10.14181.941 PREGNANCY AND PARENTING LEAVE.
10.15 Subdivision 1.
10.16employer must grant an unpaid leave of absence to an employee who is
10.17
10.18
10.19
10.20(1) a natural or adoptive parent in conjunction with the birth or adoption of a child; or
10.21(2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth,
10.22or related health conditions.
10.23(b) The length of the leave shall be determined by the employee, but must not exceed
10.2412 weeks, unless agreed to by the employer.
10.25 Subd. 2. Start of leave. The leave shall begin at a time requested by the employee.
10.26The employer may adopt reasonable policies governing the timing of requests for unpaid
10.27leave
10.28the employer reasonable notice of the date the leave shall commence and the estimated
10.29duration of the leave. For leave taken under subdivision 1, paragraph (a), clause (1), the
10.30leave
10.31adoption; except that, in the case where the child must remain in the hospital longer than
10.32the mother, the leave
10.33child leaves the hospital.
11.1 Subd. 3. No employer retribution. An employer shall not retaliate against an
11.2employee for requesting or obtaining a leave of absence as provided by this section.
11.3 Subd. 4. Continued insurance. The employer must continue to make coverage
11.4available to the employee while on leave of absence under any group insurance policy,
11.5group subscriber contract, or health care plan for the employee and any dependents.
11.6Nothing in this section requires the employer to pay the costs of the insurance or health
11.7care while the employee is on leave of absence.
11.8 Sec. 3. [181.9414] PREGNANCY ACCOMMODATIONS.
11.9 Subdivision 1. Accommodation. An employer must provide reasonable
11.10accommodation for an employee for conditions related to pregnancy, childbirth, or related
11.11health conditions, if she so requests. The employer may provide the accommodation
11.12requested by the employee or an equally effective alternative. "Reasonable
11.13accommodation" includes, but is not limited to: seating, frequent restroom breaks, and
11.14limits to heavy lifting.
11.15 Subd. 2. Transfer. An employer must temporarily transfer a pregnant female
11.16employee to a less strenuous or hazardous position for the duration of her pregnancy if she
11.17so requests where that transfer can be reasonably accommodated. An employee requesting
11.18a temporary transfer shall be required to provide to the employer a certification of medical
11.19necessity from her doctor. However, no employer shall be required by this subdivision to
11.20create additional employment that the employer would not otherwise have created, nor
11.21shall the employer be required to discharge any employee, transfer any employee with
11.22more seniority, or promote any employee who is not qualified to perform the job.
11.23 Subd. 3. Interaction with other laws. Nothing in this section shall be construed to
11.24affect any other provision of law relating to sex discrimination or pregnancy, or in any
11.25way to diminish the coverage of pregnancy, childbirth, or health conditions related to
11.26pregnancy or childbirth under any other provisions of any other law.
11.27 Subd. 4. No employer retribution. An employer shall not retaliate against an
11.28employee for requesting or obtaining accommodation under this section.
11.29EFFECTIVE DATE.This section is effective the day following final enactment.
11.30 Sec. 4. Minnesota Statutes 2012, section 181.943, is amended to read:
11.31181.943 RELATIONSHIP TO OTHER LEAVE.
11.32(a) The length of
11.33by any period of
12.1
12.2
12.3(1) paid parental, disability, personal, medical, or sick leave, or accrued vacation
12.4provided by the employer so that the total leave does not exceed 12 weeks, unless agreed
12.5to by the employer; or
12.6(2) leave taken for the same purpose by the employee under United States Code,
12.7title 29, chapter 28.
12.8(b) Nothing in sections
12.9leave benefits in addition to those provided in sections
12.10affects an employee's rights with respect to any other employment benefit.
12.13 Section 1. Minnesota Statutes 2012, section 181.939, is amended to read:
12.14181.939 NURSING MOTHERS.
12.15(a) An employer must provide reasonable unpaid break time each day to an
12.16employee who needs to express breast milk for her infant child. The break time must,
12.17if possible, run concurrently with any break time already provided to the employee. An
12.18employer is not required to provide break time under this section if to do so would unduly
12.19disrupt the operations of the employer.
12.20(b) The employer must make reasonable efforts to provide a room or other location,
12.21in close proximity to the work area, other than a toilet stall, that is shielded from view and
12.22free from intrusion and that includes access to an electrical outlet, where the employee
12.23can express her milk in privacy. The employer would be held harmless if reasonable
12.24effort has been made.
12.25(c) For the purposes of this section, "employer" means a person or entity that
12.26employs one or more employees and includes the state and its political subdivisions.
12.27(d) A violation of this section is an unfair employment practice as provided for under
12.28section 363A.08, subdivision 8.
12.29 Sec. 2. Minnesota Statutes 2012, section 363A.03, is amended by adding a subdivision
12.30to read:
12.31 Subd. 18a. Family caregiver. "Family caregiver" means a person who cares for
12.32another person:
12.33(1) who is related by blood, marriage, or legal custody; or
13.1(2) with whom the person lives in a familial relationship.
13.2EFFECTIVE DATE.This section is effective the day following final enactment.
13.3 Sec. 3. Minnesota Statutes 2012, section 363A.08, subdivision 1, is amended to read:
13.4 Subdivision 1. Labor organization. Except when based on a bona fide occupational
13.5qualification, it is an unfair employment practice for a labor organization, because of race,
13.6color, creed, religion, national origin, sex, marital status, status with regard to public
13.7assistance, familial status, status as a family caregiver, disability, sexual orientation, or age:
13.8(1) to deny full and equal membership rights to a person seeking membership or
13.9to a member;
13.10(2) to expel a member from membership;
13.11(3) to discriminate against a person seeking membership or a member with respect
13.12to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities,
13.13or privileges of employment; or
13.14(4) to fail to classify properly, or refer for employment or otherwise to discriminate
13.15against a person or member.
13.16EFFECTIVE DATE.This section is effective the day following final enactment.
13.17 Sec. 4. Minnesota Statutes 2012, section 363A.08, subdivision 2, is amended to read:
13.18 Subd. 2. Employer. Except when based on a bona fide occupational qualification, it
13.19is an unfair employment practice for an employer, because of race, color, creed, religion,
13.20national origin, sex, marital status, status with regard to public assistance, familial status,
13.21status as a family caregiver, membership or activity in a local commission, disability,
13.22sexual orientation, or age to:
13.23(1) refuse to hire or to maintain a system of employment which unreasonably
13.24excludes a person seeking employment; or
13.25(2) discharge an employee; or
13.26(3) discriminate against a person with respect to hiring, tenure, compensation, terms,
13.27upgrading, conditions, facilities, or privileges of employment.
13.28EFFECTIVE DATE.This section is effective the day following final enactment.
13.29 Sec. 5. Minnesota Statutes 2012, section 363A.08, subdivision 3, is amended to read:
13.30 Subd. 3. Employment agency. Except when based on a bona fide occupational
13.31qualification, it is an unfair employment practice for an employment agency, because of
13.32race, color, creed, religion, national origin, sex, marital status, status with regard to public
14.1assistance, familial status, status as a family caregiver, disability, sexual orientation, or
14.2age to:
14.3(1) refuse or fail to accept, register, classify properly, or refer for employment or
14.4otherwise to discriminate against a person; or
14.5(2) comply with a request from an employer for referral of applicants for
14.6employment if the request indicates directly or indirectly that the employer fails to comply
14.7with the provisions of this chapter.
14.8EFFECTIVE DATE.This section is effective the day following final enactment.
14.9 Sec. 6. Minnesota Statutes 2012, section 363A.08, subdivision 4, is amended to read:
14.10 Subd. 4. Employer, employment agency, or labor organization. (a) Except when
14.11based on a bona fide occupational qualification, it is an unfair employment practice for an
14.12employer, employment agency, or labor organization, before a person is employed by an
14.13employer or admitted to membership in a labor organization, to:
14.14(1) require or request the person to furnish information that pertains to race, color,
14.15creed, religion, national origin, sex, marital status, status with regard to public assistance,
14.16 familial status, status as a family caregiver, disability, sexual orientation, or age; or, subject
14.17to section
14.18for the sole and exclusive purpose of national security, information pertaining to national
14.19origin is required by the United States, this state or a political subdivision or agency of
14.20the United States or this state, or for the sole and exclusive purpose of compliance with
14.21the Public Contracts Act or any rule, regulation, or laws of the United States or of this
14.22state requiring the information or examination. A law enforcement agency may, after
14.23notifying an applicant for a peace officer or part-time peace officer position that the law
14.24enforcement agency is commencing the background investigation on the applicant, request
14.25the applicant's date of birth, gender, and race on a separate form for the sole and exclusive
14.26purpose of conducting a criminal history check, a driver's license check, and fingerprint
14.27criminal history inquiry. The form shall include a statement indicating why the data is
14.28being collected and what its limited use will be. No document which has date of birth,
14.29gender, or race information will be included in the information given to or available to
14.30any person who is involved in selecting the person or persons employed other than the
14.31background investigator. No person may act both as background investigator and be
14.32involved in the selection of an employee except that the background investigator's report
14.33about background may be used in that selection as long as no direct or indirect references
14.34are made to the applicant's race, age, or gender; or
15.1(2) seek and obtain for purposes of making a job decision, information from any
15.2source that pertains to the person's race, color, creed, religion, national origin, sex,
15.3marital status, status with regard to public assistance, familial status, status as a family
15.4caregiver, disability, sexual orientation, or age, unless for the sole and exclusive purpose
15.5of compliance with the Public Contracts Act or any rule, regulation, or laws of the United
15.6States or of this state requiring the information; or
15.7(3) cause to be printed or published a notice or advertisement that relates to
15.8employment or membership and discloses a preference, limitation, specification, or
15.9discrimination based on race, color, creed, religion, national origin, sex, marital status,
15.10status with regard to public assistance, familial status, status as a family caregiver,
15.11 disability, sexual orientation, or age.
15.12(b) Any individual who is required to provide information that is prohibited by this
15.13subdivision is an aggrieved party under sections
15.14subdivisions 1 to 9.
15.15EFFECTIVE DATE.This section is effective the day following final enactment.
15.16 Sec. 7. Minnesota Statutes 2012, section 363A.08, is amended by adding a subdivision
15.17to read:
15.18 Subd. 8. Nursing mothers. Except when based on a bona fide occupational
15.19qualification, any violation of section 181.939 by an employer is an unfair employment
15.20practice.
15.21 Sec. 8. Minnesota Statutes 2012, section 363A.08, is amended by adding a subdivision
15.22to read:
15.23 Subd. 9. Wage disclosure protection. (a) An employer shall not:
15.24(1) require nondisclosure by an employee of the employee's wages as a condition of
15.25employment;
15.26(2) require an employee to sign a waiver or other document which purports to deny
15.27an employee the right to disclose the employee's wages; or
15.28(3) take any adverse employment action against an employee for disclosing the
15.29employee's own wages or discussing another employee's wages which have been disclosed
15.30voluntarily.
15.31(b) Nothing in this section shall be construed to:
15.32(1) create an obligation on any employer or employee to disclose wages;
16.1(2) permit an employee, without the written consent of the employer, to disclose
16.2proprietary information, trade secret information, or information that is otherwise subject
16.3to a legal privilege or protected by law;
16.4(3) diminish any existing rights under the National Labor Relations Act under
16.5United States Code, title 29; or
16.6(4) permit the employee to disclose wage information to a competitor of their
16.7employer.
16.8EFFECTIVE DATE. This section is effective the day following final enactment.
