HF3540

Purpose

• Expand Minnesota’s anti-discrimination protections to cover more areas and clarify protections for veterans and military status.
• Strengthen public policy: everyone should be free from discrimination in employment, housing, public accommodations, public services, and education.
• Confirm that positive action programs (steps to promote equal opportunity) are allowed and not restricted.

What the bill would change or add

• Adds veteran or military status as a protected characteristic in several sections of the Minnesota Human Rights Act.
• Creates new or expanded protections in five main areas: employment, housing/real property, public accommodations, public services, and education.
• Includes specific rules about privacy and how information about protected categories can be collected or used during hiring and related processes.
• Maintains and clarifies the ability to give preferences or special treatment to veterans where allowed by law, and preserves existing veteran preferences.

Key Provisions (by area)

• Employment, Labor Organizations, Employers, and Employment Agencies

  • Prohibits unfair practices by labor organizations, employers, and employment agencies based on protected characteristics, including veteran or military status.
  • Prohibits denying membership, expelling members, or discriminating in hiring, tenure, pay, promotion, or other employment terms because of protected characteristics.
  • Prohibits employment-related practices that rely on or reveal protected status before a job is offered (with limited, specific exceptions).
  • Adds privacy protections: generally prohibits asking about race, color, creed, religion, national origin, sex, gender identity, marital status, public assistance status, familial status, disability, sexual orientation, age, or veteran/military status before employment, with limited exceptions for certain required investigations or compliance duties.

• Real Property (Buying, Renting, Selling)

  • Prohibits discrimination in selling, renting, leasing, or related real estate activities because of protected characteristics (including veteran status) and in related terms, conditions, or services.
  • Prohibits discriminatory advertising or misrepresentation about property availability.
  • Maintains carve-outs for certain safety rules and for advertisements that may be allowed in specific situations (e.g., adult-only advertisements when applicable).

• Public Accommodations

  • It would be an unlawful discriminatory practice to deny full and equal enjoyment of goods, services, facilities, or accommodations at places of public accommodation due to protected characteristics (including gender identity, disability, veteran status, etc.).
  • Requires reasonable accommodations for known disabilities, and sets factors to decide when a proposed accommodation is reasonable (e.g., size and type of operation, costs, alternatives, and impact on others).

• Public Services and Access

  • It would be an unfair discriminatory practice to deny access to public services or to fail to ensure physical and program access for people with disabilities, unless doing so would impose undue hardship.
  • Lists factors to consider when evaluating whether an accommodation imposes undue hardship (purpose of the service, cost, alternatives, consultation with disabled people, etc.).
  • Specifies timelines and access considerations for making accommodations and improvements.

• Education

  • Prohibits excluding or discriminating against students in education based on protected characteristics (including veteran status) during admission or enrollment.

• Veterans Status

  • Explicitly adds a provision recognizing veterans status and clarifies that preferential treatment for veterans under federal, state, or local law is not repealed or nullified by this chapter.

• Public Policy and Positive Action

  • Reaffirms the state’s policy against unfounded discrimination claims and supports positive action programs designed to combat discrimination.

Notable Safeguards and Details

• Privacy and background checks for job applicants, especially for peace officer positions:
  • Allows a background check form to collect date of birth, gender, and race on a separate form, strictly for criminal history, driver’s license checks, and fingerprints.
  • Requires notices about why data are collected and limits who can see it; prohibits using protected-status information in decision-making outside the stated purposes.
• Advertising restrictions:
  • Prohibits notices or ads that express or imply discrimination based on protected characteristics, with certain limited exceptions (e.g., specific housing advertising allowances).
• Positive action allowance:
  • The bill states that nothing in the act should prevent positive action programs aimed at reducing discrimination.

Definitions and Key Terms

• Veteran or military status: includes active and reserve components of the U.S. armed forces, the National Guard, a military veteran as defined in federal law, and a veteran of special programs/contexts specified in the bill.
• Protected classes include race, color, creed, religion, national origin, sex, gender identity, sexual orientation, marital status, disability, public assistance status, familial status, age, and veteran or military status.

PracticalImplications

• If enacted, the Minnesota Human Rights Act would clearly protect veterans and military status across more areas of life (work, housing, public services, education, and access to public accommodations).
• Employers, labor organizations, real estate professionals, and public service providers would have new obligations to avoid discrimination and to provide reasonable accommodations, while privacy protections would limit how sensitive information is collected and used.
• Public policy would continue to support proactive efforts to reduce discrimination and promote equal opportunity for all residents, including veterans.

Relevant Terms - veteran or military status - protected classes - Minnesota Human Rights Act - discrimination in employment - labor organization - employer - employment agency - housing / real property - public accommodations - public services - education - reasonable accommodation - undue hardship - positive action programs - background checks - privacy protections - advertising discrimination - full and equal enjoyment - accessibility and accommodations for disability - veterans preferences - nondiscrimination policies