HF4129

Purpose

This bill changes how long you have to file a claim of unfair discriminatory practice under Minnesota law. It modifies the statute of limitations for actions under the Minnesota Human Rights Act and adds procedures tied to dispute resolution and required notifications.

Main Provisions

• Filing window for claims

  • A claim of an unfair discriminatory practice must be brought as a civil action (pursuant to section 363A.33 subdivision 1) or filed as a charge with a local commission (section 363A.07 subdivision 3) or filed in a charge with the commissioner.
  • The filing must occur within one year after ten years of the occurrence of the discriminatory practice. In other words, claims must be filed within one year following the point in time when ten years have passed since the act or practice occurred.

• Suspension of the limitation period during dispute resolution

  • The running of the one-year/ten-year limitation period is paused while the potential charging party and respondent voluntarily participate in a dispute resolution process related to unlawful discrimination. This includes arbitration, conciliation, mediation, or grievance procedures under a collective bargaining agreement, or school board sexual harassment or sexual violence policy.
  • If the respondent participates in such a process before a charge is filed or a civil action is filed, the respondent must notify the department and the charging party in writing about the participation, including the start date and the end date of the process.
  • If the respondent fails to provide this notification, they cannot use the defense that the statute of limitations has run unless enough time remains after adding the suspension period (one year, ten years, plus the suspension) has passed.

• Suspension during other periods when actions may not be brought

  • The running of the limitation period is also suspended during the applicable time period under a separate provision (section 363A.331 subdivision 2) when a civil action may not be brought.

Significant Changes to Existing Law

• Introduces a ten-year milestone for determining the filing window, with claims due within one year after that ten-year point.
• Adds explicit protections and procedures surrounding dispute resolution processes, including mandatory notifications to the department and the charging party.
• Allows suspension of the limitation period not only for dispute resolution processes but also for periods when civil actions are not allowed to be brought under 363A.331(2).
• Clarifies how the statute of limitations can be extended by voluntary participation in arbitration, mediation, conciliation, or grievance procedures, and by the length of that suspension.

How it Works in Practice (Key Points)

• When a discriminatory practice occurred, a claim must be filed within 1 year after the 10-year mark.
• If parties engage in arbitration, mediation, conciliation, or related processes, the clock stops until those processes end, and both sides and the department must be told about it in writing.
• If the party involved does not notify, they lose a potential defense to time limits, unless enough time has passed after including the suspension.
• Time may also be paused during other periods when court actions cannot be filed.

Relevant Terms - unfair discriminatory practice - civil action - charge - local commission - commissioner - statute of limitations - one year - ten years - occurrence - dispute resolution process - arbitration - conciliation - mediation - grievance procedures - collective bargaining agreement - civil service - employment system - school board sexual harassment - sexual violence policy - notification - department - charging party - respondent - suspension - 363A.28(3) - 363A.07(3) - 363A.33(1) - 363A.331(2)