SF1854

Purpose

This bill changes Minnesota law to protect people from being punished for political activities. It targets reprisals by employers and clarifies when a person can take action if they are treated unfairly because of politics, political contributions, or trying to influence public decisions.

Main Provisions

• Prohibited reprisals: An employer or association must not engage in economic reprisals, threaten to fire someone, or use physical coercion against a person because of that person’s political contributions or political activity, including becoming a candidate for elected office. It also prohibits reprisals for a refusal to communicate with public or local officials to influence a decision about a legislative or administrative action or the official action of a political subdivision.
• Exceptions: The prohibition does not apply to payments or loss of employment that are allowed when the political affiliation or viewpoint is a bona fide occupational qualification of the job, or when the job requires communicating with public or local officials.
• Civil remedies: Someone harmed by a violation can file a civil action in district court to seek damages, injunctive relief, costs, reasonable attorney fees, and other fair relief, including reinstatement of employment.
• Criminal penalties and enforcement: A violation is a gross misdemeanor. The board may refer a violation to the appropriate county attorney for action.
• Definitions: The term “employer” includes any person or entity with one or more employees, and covers broad categories such as individuals, corporations, partnerships, associations, business entities, governmental subdivisions (government, county, city, school district, etc.).

Civil Actions and Penalties

• Civil action: Individuals or associations harmed by a violation may sue in district court seeking damages, injunctive relief, costs, and attorney fees, and other just relief, including reinstatement.
• Penalty: Violators face a gross misdemeanor.
• Enforcement: The board can refer violations to the county attorney for enforcement.

Definitions

• Employer: A person or entity that employs one or more employees, including various organizational forms and governmental subdivisions.

Significant Changes to Existing Law

• Introduces a broad prohibition on economic reprisals and coercion tied to political activity and political contributions.
• Extends protections to include the act of becoming a candidate for public office.
• Adds a specific exception for bona fide occupational qualifications and required communications with public officials.
• Establishes civil and criminal remedies, including potential reinstatement and attorney fees.
• Expands who can be considered an “employer” and clarifies enforcement pathways.

Relevant Terms - reprisals, economic reprisals, unlawful retaliation, gross misdemeanor - political contributions, political activity - becoming a candidate for elected public office - refuse to communicate with public or local officials - influence a decision about a legislative or administrative action - official action of a political subdivision - bona fide occupational qualification - compensation for employment, loss of employment - injunctive relief, damages, attorney fees, costs, reinstatement of employment - district court, county attorney, board - Minnesota Statutes 2024 section 10A.36 - employer (defined to include various organizational forms and governmental entities)