November 2024

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Minnesota Amends Nondiscrimination Law

07/03/24

Author: ADP Admin/Wednesday, July 3, 2024/Categories: Compliance Corner , State Compliance Update, Minnesota

Minnesota has enacted legislation that amends the definitions of key terms in the state’s law that prohibits discrimination in employment. The changes are a result of enactment of House File 4109 and take effect Aug. 1, 2024.

The Details

By way of background, the Minnesota Human Rights Act (MHRA) prohibits all employers from discriminating against individuals because of their race, color, creed, religion, national origin, sex, gender identity, marital status, disability, status with regard to public assistance, sexual orientation, familial status, and age.

Effective Aug. 1, 2024, House File 4109 amends the MHRA’s definition of “disability” to also include an impairment that is episodic or in remission and would materially limit a major life activity when active.

The definition of "familial status" will also be amended to mean the condition of one or more minors having legal status or custody with: (1) the minor's parent or 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” will also mean 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.

House File 4109 also makes clear that prohibited discrimination also includes harassment based on any protected characteristic, not just sexual harassment.

Next Steps

· Review policies and practices to ensure compliance with the MHRA as amended.

· Train supervisors on the law.

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