Changes to the Minnesota Human Rights Act Are Coming

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Patricia Tsipras

July 10, 2024

Effective August 1, 2024, several changes are coming to the Minnesota Human Rights Act (Act).

First, several definitions in the Act have been expanded or clarified:

• “Disability” has been expanded to include “an impairment that is episodic or in remission and would materially limit a major life activity when active.”
• “Discriminate” now refers to harassment in general, rather than simply sexual harassment.
• “Familial status” has been clarified and refers to “the condition of one or more minors having legal status or custody with (1) the minor’s parents or the minor’s legal guardian or guardians or (2) the designee of the parent or parents or guardian or guardians with the written permission of the parent or parents or guardian or guardians.”
• “Familial status” also has been expanded to include “residing with and caring for one or more individuals who lack the ability to meet essential requirements for physical health, safety, or self-care because the individual or individuals are unable to receive and evaluate information or make or communicate decisions.”

Second, the Act clarifies the bounds of religious freedom for certain entities.  Specifically, religious associations, corporations, societies, and educational institutions still may limit admission, give preference to persons of the same religion or denomination, and take other actions consistent with the protections or privileges of the First Amendment and the Minnesota Constitution, as long as the conduct is related to the religious and educational purpose for which the entity is organized.  This exemption does not apply to secular business activities in which the entity engages if the activities are unrelated to the religious and educational purposes for which the entity is organized.

Third, the Act clarifies some enforcement procedures.  For example, the Act:

• expressly provides for mediation or other alternative dispute resolution processes as a means to resolve a charge
• provides that a party contesting a determination of the commissioner may request an opportunity to appear at a hearing on their own behalf or through a private attorney
• provides that the commissioner shall make a determination of probable cause or no probable cause within one year of a filing (the previously allotted time was 180 days)
• provides that a person may bring a civil action within 90 days of receiving notice that the commissioner has dismissed a charge or has reaffirmed a determination of no probable cause or has decided not to reopen a dismissed case (the previously allotted time was 45 days).

Fourth, violators of certain provisions of the Act must pay to the state a civil penalty, which is determined by taking into account “the seriousness and extent of the violation, the public harm occasioned by the violation, whether the violation was intentional, and the financial resources” of the violator.  Where the violator engaged in unfair discriminatory practices, courts shall order them to pay compensatory damages, including mental anguish or suffering, in an amount up to three times the damages actually sustained.  Courts also may award hiring, reinstatement, “upgrading,” restoration to membership in a labor organization, admission to apprenticeship or training programs, punitive damages (but where a political subdivision is the violator, punitive damages may not exceed $25,000), and other relief that is appropriate under the circumstances.

Employers:  Update your policies and practices to reflect the changes to the Act and train your managers and Human Resources professionals on the changes.  If you are facing or do face a charge/complaint of discrimination under the Act, be mindful of the new procedures.

The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Minnesota, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.