What happened?

On May 15, 2024, Minnesota Governor Tim Walz signed Minnesota’s Human Rights Act (MHRA) amendment, also known as Minnesota’s anti-discrimination statute, which affects many different areas for businesses, ranging from employment practices to customer service and accommodation.

What are the details?

The definitions of the protected classes covered by the MHRA were expanded, as were the remedies and enforcement capabilities of the Minnesota Department of Human Rights (MDHR), the state agency responsible for enforcing the statute.

Key Bites

• Definition and breadth of protected classes expanded click here
  • Definitions: the definitions of disability, familial status, and discriminate are expanded and clarified, which means more people and situations are covered.
  • Breadth: amendments specifically prohibit an employer from discriminating against an individual because of one or more of the identified protected classes. One or more is added.

• Changes to procedure click here
  • The MDHR commissioner must determine probable cause or no probable cause within one year of the filing of a case unless the timing has been tolled. It must offer both charging parties the opportunity to resolve a charge of discrimination through mediation or another alternative dispute resolution process (ADR).
  • The 12-month period during which the MDHR must decide is suspended during the period in which the parties are engaged in an ADR process.

• Increased Damages/Remedies Available to Aggrieved Persons
  • The damages and penalties available have significantly increased effective for any civil action filed on or after Aug. 1, 2024. For the remedies available.

• Public Accommodations and Use of Service Animals Expanded click here
  • The law now states that it is discriminatory to deny access to service animals in public places for individuals with disabilities, given the animal is properly controlled. It also forbids charging these individuals for their service animals.

For a good breakdown of the bill click here.

Business Considerations

• Employers should review their current policies and practices to ensure they align with the expanded definitions of protected classes under the MHRA amendments, including service animals.
• Employers should provide training to managers, supervisors, and HR personnel on the expanded definitions and implications of the amendments to prevent potential discriminatory practices.
• Employers should be prepared to participate in mediation or other alternative dispute resolution processes offered by the MDHR in the event of a discrimination charge.

Source References

• Amendments to the Minnesota Human Rights Act – What Businesses Need to Know (Fafinski Mark & Johnson, P.A.)
• Governor Press Release
• MN HB 4109/SB 4201

Resources

• Minnesota Human Rights Act

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