HF3799

Purpose

• Add a new provision on accommodation discrimination to Minnesota’s Human Rights Act.
• Establish a framework to protect people from discrimination and to ensure access and participation for people with disabilities through accommodations.
• Preserve and clarify that the state’s anti-discrimination laws do not prevent positive action (affirmative) programs to combat discrimination.

Main Provisions

• Amends Minnesota Statutes 2024, section 363A.02, subdivision 1, to state the public policy to secure freedom from discrimination in five areas:
  • Employment
  • Housing and real property
  • Public accommodations
  • Public services
  • Education
• For these areas, it lists protected characteristics, including: race, color, creed, religion, national origin, sex, gender identity, marital status, disability status with regard to public assistance, sexual orientation, familial status, and age.
• Adds “accommodations” as a key concept: accommodations allow persons with disabilities to participate fully in these protected areas.
• Establishes that failing to engage in the process to determine an accommodation may itself be discriminatory.
• Explicitly states that nothing in the chapter should be read as restricting the use of positive action programs to combat discrimination.

Significant Changes to Law

• Introduces a formal concept of accommodation discrimination within the Human Rights Act.
• Requires consideration and determination of accommodations for individuals with disabilities to enable participation in employment, housing, public accommodations, public services, and education.
• Reinforces protections against discrimination while affirming the legitimacy of affirmative action-type measures to address disparities.
• Broadens the scope of protected classes to include gender identity and disability-related considerations tied to public assistance.

Implications and Practical Effects

• Agencies and employers would need to assess and determine reasonable accommodations for qualified individuals with disabilities to access protected areas.
• Organizations must avoid discriminatory practices by failing to engage in the accommodation determination process.
• The bill preserves opportunities to implement positive action programs while expanding disability-related protections.

Terminology and Phrases to Note

• accommodation discrimination
• accommodations
• accommodations process
• persons with disabilities
• public policy to secure freedom from discrimination
• unfounded charges of discrimination
• positive action programs
• protected areas: employment, housing and real property, public accommodations, public services, education
• protected classes: race, color, creed, religion, national origin, sex, gender identity, marital status, disability status (with regard to public assistance), sexual orientation, familial status, age
• Minnesota Statutes 2024 section 363A.02 subdivision 1

Relevant Terms accommodation discrimination; accommodations; accommodations process; persons with disabilities; disability status; public assistance; positive action programs; protected areas; protected classes; race; color; creed; religion; national origin; sex; gender identity; marital status; sexual orientation; familial status; age; Minnesota Human Rights Act; 363A.02 subdivision 1