Anti-Discrimination Center

CHAPTER 139.  IN GENERAL back to top

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139.10.  Findings, declaration of policy and purpose, effective date. back to top

(a)  Findings.  The council finds that discrimination in employment, labor union membership, housing accommodations, property rights, education, public  accommodations and public services based on race, color, creed, religion, ancestry, national origin, sex, including sexual harassment, sexual orientation, disability, age, marital status, or status with regard to public assistance or familial status adversely affects the health, welfare, peace and safety of the community. Such discriminatory practices degrade individuals, foster intolerance and hate, and create and intensify unemployment, substandard housing, undereducation, ill health, lawlessness and poverty, thereby injuring the public welfare.

(b)   Declaration of policy and purpose.  It is the public policy of the City of Minneapolis and the purpose of this title:

(1)   To recognize and declare that the opportunity to obtain employment, labor union membership, housing accommodations, property rights, education, public accommodations and public services without discrimination based on race, color, creed, religion, ancestry, national origin, sex, including sexual harassment, sexual orientation, disability, age, marital status, or status with regard to public assistance or familial status is a civil right.

(2)   To prevent and prohibit all discriminatory practices based on race, color, creed, religion, ancestry, national origin, sex, including sexual harassment, sexual orientation, disability, age, marital status, or status with regard to public assistance with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations or public services.

(3)   To prevent and prohibit all discriminatory practices based on familial status with respect access to real estate and services related to real estate.

(4)   To protect all persons from discrimination and from unfounded charges of discriminatory practices.

(5)   To eliminate existence and the development of any ghettos in the community.

(6)   To effectuate the foregoing policy by means of public information and education, mediation and conciliation, and enforcement.

(c)   Effective date.  The amendments to this chapter shall apply to any complaint or charge alleging conduct occurring on or after July 1, 2006. The ordinance as enacted prior to these amendments shall continue to apply to any complaint or charge alleging conduct arising before July 1, 2006. (Ord. of 12-30-75, § 1; 82-Or-114, § 1, 6-25-82; 93-Or-132, § 1, 8-27-93; 2003-Or-048, § 1, 4-18-03; 2006-Or-061, § 1, 6-16-06)

139.20.  Definitions.  
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Age:  Insofar as it refers to any act prohibited by section 139.40(a), (b), (c), or (d) shall be deemed to prohibit using a person's age as a basis for a decision if the person is over the age of majority, which shall be deemed to protect any individual over the age of twenty-five (25) years.

American Indian:  For the purpose of meeting any goals required pursuant to section 139.50, "American Indian" shall mean any person who is an enrolled member of an Indian tribe, or who is a descendent in the first or second degree of any such member, or who is recognized as an Indian by the Secretary of the Interior.

Business:  Any partnership, association, corporation, legal representative, trustee, trustee in bankruptcy, or receiver. Business does not include the city and its departments, agencies, independent boards and commissions, the state and its departments and agencies, or other political subdivisions of the state.

Commission:  The Minneapolis Commission on Civil Rights.

Complainant:  A person for or on whose behalf a complaint alleging unlawful discrimination has been filed or issued.

Contract:  Any contract or agreement entered into by the city for the provision of goods, services, buildings, improvements and other public works or development property in excess of fifty thousand dollars ($50,000.00).

Department:  The Minneapolis Department of Civil Rights.

Development contract:  Any contract or agreement entered into by the city pursuant to which the city or MCDA provides direct or indirect financial assistance in excess of fifty thousand dollars ($50,000.00) to a developer or owner of real property to facilitate construction or rehabilitation.  Development contract shall not include:

(1)   Low income housing tax credits provided pursuant to 26 U.S.C., Section 42;

(2)   Taxable or tax-exempt financing issued for projects located outside of the City of Minneapolis;

(3)   Small business loan programs where public dollars are leveraged or supplemented with private dollars of a participating lender that originates, services and collects the public and private loan payments under an agreement with the city;

(4)   NRP funds used for the construction or rehabilitation of seven or less residential units and the amount of the assistance is less than one hundred thousand dollars ($100,000.00);

(5)   NRP funds used for the construction or rehabilitation of a commercial or industrial property where the amount of the assistance is less than one hundred thousand dollars ($100,000.00);

(6)   Assistance to an organization that promotes affordable home ownership opportunities through the extensive use of volunteer labor and/or sweat equity components to rehabilitate or construct dwellings;

(7)   Land sales for fair market value with no other assistance to the purchaser greater than fifty thousand dollars ($50,000.00).

(8)   Financial assistance used to rehabilitate or construct a single-family dwelling or duplex to be owned and occupied by the recipient of the financial assistance.

Director:  The director of the department of civil rights.

Disability:  Any condition or characteristic that causes a person to become a person with a disability. A person with a disability is any person who:

(1)   Has a physical, sensory or mental impairment which materially limits one or more major life activities; or

(2)   Has a record of such an impairment; or

(3)   Is perceived as having such an impairment.

Discriminate  or  discrimination:  Includes any act, attempted act, policy or practice, which results in the unequal treatment, separation or segregation of or which otherwise adversely affects any person who is a member of a class protected by this title, and for purposes of discrimination based upon sex it includes sexual harassment.

Educational institution:  A public or private institution located or operating in the City of Minneapolis which performs educational services and includes an academy, college, elementary or secondary school, extension course, kindergarten, nursery school system, and a business, nursing, professional, secretarial, technical or vocational school; and further includes any agent or employee of an educational institution.
Elderly person:  A person who is at least fifty-five (55) years of age.

Employ:  To use or be entitled to the use and benefit of the services of a person as an employee.

Employee:  Includes all persons who seek to, apply to, or perform services for any employer for compensation, whether in the form of wages, salaries, commission or otherwise.

Employer:  Includes any person within the City of Minneapolis who hires or employs any employee, and any person wherever situated who hires or employs any employee whose services are to be partially or wholly performed in the City of Minneapolis.

Employment:  The state of being employed as an employee by an employer.

Employment agency:  Any person located or operating in the City of Minneapolis, regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer.

Entity under review:  A bidder, responder to a request for proposals, developer, owner or prospective contractor seeking to contract with the City or the Minneapolis Community Development Agency.

Familial status:  The condition of one or more minors residing with (1) their parent or parents or the minor's legal guardian or (2) the designed of the parent or parents or guardian with the written permission of the parent or parents or guardian. The protections afforded against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of an individual who has not attained the age of majority.

Hearing committee:  A committee of three (3) commissioners, one of whom is a lawyer, who have been designated by the chairperson of the commission to hear a complaint after a determination of probable cause and referral by the director.

Hire:  To engage or contract for, or attempt to engage or contract for, the services of any person as an employee.

Housing for elderly persons:  Housing:

(1)   Provided under any federal, state or local program that the director determines is specifically designed and operated to assist elderly persons, as defined in the federal, state or local program;

(2)   Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or

(3)   Intended and operated for occupancy by at least one person fifty-five (55) years of age or older per unit, provided that:

a.   There are significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of these facilities and services is not practicable, that the housing is necessary to provide important housing opportunities for older persons.

b.   At least eighty (80) percent of the units are occupied by at least one person fifty-five (55) years of age or older per unit.

c.   There is publication of, and adherence to, policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons fifty-five (55) years of age or older.

Housing does not fail to meet the requirements for "housing for elderly persons" by reason of persons residing in the housing as of the effective date of this subsection who do not meet the age requirements of this subsection if new occupants of the housing meet the age requirements of this subsection. In addition, housing does not fail to meet the requirements by reason of unoccupied units if unoccupied units are reserved for occupancy by persons who meet the age requirements of this subsection.

Labor organization:  Includes any person, employee representation committee or plan in which employees participate, or any agent or employee thereof, which operates in the City of Minneapolis or whose members live or are employed in the City of Minneapolis, and which exists wholly or in part for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment and shall include any conference, general committee, joint or system board, or joint council.

Lawyer:  A person duly authorized and licensed by the State of Minnesota or any other state to engage in the practice of law.
Mediation:  A forum in which a neutral third party facilitates communication between parties to promote settlement. Mediation focuses more on finding solutions than on determining fault. The mediator does not impose a decision or his or her own views upon the parties but aids them in reaching a mutually acceptable agreement.

National origin:  The place of birth of an individual or of any of his lineal ancestors.

Person:  Includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, public bodies or public corporations, including but not limited to the City of Minneapolis or any department or unit thereof, any other legal or commercial entity, and any agent or employee of all the foregoing.

Professional organization:  Includes, but is not limited to, any person, organization, association, collective, or group which requires for membership any educational, experiential, professional or other credentials and provides services associated with the occupation, trade or professional around which the professional organization was formed to promote and service.

Public accommodations:  Includes all services or facilities, other than governmental, of any kind offered or located within the City of Minneapolis which are generally open or offered to the public or which generally solicit public patronage or usage, whether operated for profit or not.

Public services:  Includes all activities, services or facilities offered to the public within the City of Minneapolis by any governmental agency or unit of government owned, operated or managed by any local, state or federal government, including, but not limited to, the Minneapolis Community Development Agency and Special School District No. 1.

Qualified person with a disability:  

(1)   With respect to employment, a person with a disability who, with reasonable accommodation, can perform the essential functions required of all applicants for the job in question.

(2)   With respect to public services and programs, a person with a disability who, with reasonable accommodation, physical and program access, meets the essential eligibility criteria required of all applicants for the program or service in question.

For the purpose of this chapter, "disability" excludes any condition resulting from alcohol or drug abuse which prevents a person from performing the essential functions of the job in question or constitutes a direct threat to property or the safety of others.
If a respondent contends that the person is not a qualified person with a disability, the burden is on the respondent to prove that it was reasonable to conclude the person with a disability, with reasonable accommodation, could not have met the requirements of the job or that the selected person was demonstrably better able to perform the job.

Real estate broker; real estate salesperson:  A real estate broker as defined by Minnesota Statutes, Section 82.17, Subdivision 4, and real estate salesperson as defined by Minnesota Statutes, Section 82.17, Subdivision 5.

Real property:  Any right, title, interest in or to the possession, ownership, enjoyment of occupancy of any parcel of land in the City of Minneapolis, any building situated thereon, or any portion of such buildings.

Reasonable accommodation:  Steps which must be taken to accommodate the known physical or mental limitations of a qualified person with a disability. "Reasonable accommodation" may include but is not limited to:

(1)   Facilities readily accessible to and usable by persons with disabilities;

(2)   Restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, and the provision of aides on a temporary or periodic basis;

(3)   Access to real property through modifications to the public portions of the real property that renders it accessible to persons with mobility impairments, or other modifications as required to accommodate persons with disabilities; and

(4)   A person, who is a person with a disability, to make reasonable modifications of existing premises occupied or to be occupied by the person with a disability if the modifications may be necessary to afford the person with a disability full enjoyment of the premises; provided however, that a landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, excluding reasonable wear and tear.

This definition is not intended to limit the offering of reasonable accommodations only to persons meeting the definition of disability described herein. Employers are encouraged to make accommodations that in their judgment will enhance the work performance of all employees regardless of disability status.

Religious or denominational educational institutions:  An educational institution located or operating in the City of Minneapolis which is operated, supervised, controlled or sustained primarily by a religious or denominational organization, or is one which is stated by the parent church body to be and is, in fact, officially related to that church through church representation on the board of the institution and through substantial church financial assistance to the institution, providing the institution has certified, in writing, to the commission that it is a religious or denominational educational institution; and further includes any agent or employee of such an institution.

Reprisal:  A reprisal includes, but is not limited to, any form of intimidation, retaliation, or harassment. It is a reprisal for an employer to do any of the following with respect to a person because that person has engaged in the activities listed in subsection 139.40(l)(3) refuse to hire the person; depart from any customary employment practice; transfer or assign the person to a lesser position in terms of wages, hours, job classification, job security, or other employment status; or inform another employer that the person has engaged in the activities listed in subsection 139.40(l)(3).

Respondent:  A person against whom a complaint alleging unlawful discrimination has been filed or issued.
Review committee:  A committee of three (3) commissioners, one of whom is a lawyer, who have been designated by the chair person of the commission to review an appeal by a complainant from a determination of no probable cause by the director.

Sex:  The character of being male or female and encompasses, but is not limited to, pregnancy, childbirth, disabilities related to pregnancy or childbirth, and sexual harassment.

Sexual harassment:  Includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct, or communication of a sexual nature when:

(1)   Submission to the conduct, or communication, is made a term or condition, either explicitly or implicitly, of obtaining the services of a labor organization, employment, the services of an employment agency, real estate, the services of a lending institution, public accommodations, public services, or the services of an educational institution, or;

(2)   Submission to or rejection of that conduct or communication is used as a factor in decisions affecting that individual in obtaining the services of a labor organization, employment, the services of an employment agency, real estate, the services of a lending institution, public accommodations, public services, or the services of an educational institution, or;

(3)   That conduct or communication has the purpose or effect of substantially interfering with an individual in regard to, or creating an intimidating, hostile or offensive environment in regard to the services of a labor organization, employment, the services of an employment agency, real estate, the services of a lending institution, public accommodations, public services, or the services of an educational institution.

Sexual orientation  means having or being perceived as having an emotional, physical, or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment, or having or being perceived as having a self-image or identity not traditionally associated with one's biological maleness or femaleness. Sexual orientation does not include a physical or sexual attachment to children by an adult.

Status with regard to public assistance:  The condition of being a recipient of federal, state or local assistance, including medical assistance, or of being a tenant receiving federal, state or local subsidies, including rental assistance or rent supplements. (Ord. of 12-30-75, § 2; 78-Or-206, § 1, 10-13-78; 82-Or-114, § 2, 6-25-82; 85-Or-085, § 1, 4-26-85; 87-Or-040, §§ 1--4, 3-13-87; 88-Or-108, § 1, 6-17-88; Pet. No. 249821, § 1, 7-14-89; 90-Or-275, § 1, 11-9-90; 92-Or-063, §§ 1--6, 5-22-92; 93-Or-132, § 2, 8-27-93; 95-Or-163, § 1, 12-29-95; 2006-Or-061, § 2, 6-16-06)

139.30.  Exemptions. back to top

(a)  Employment.  The provisions of section 139.40(a), (b) and (c) shall not apply to or prohibit:

(1)   The employment of any individual by his or her parent, grandparent, spouse, domestic partner as defined in Chapter 142 of the Minneapolis Code of Ordinances, child or grandchild, or in the domestic service of any person.

(2)   Any religious corporation, association or society with respect to the hiring or employment of individuals of a particular religion, when religion shall be a bona fide occupational qualification for employment.

(3)   An employer, employment agency or labor organization from requiring or requesting a person to undergo a physical examination which may include a medical history for the purpose of determining the person's capability to perform available employment provided that all of the following are complied with:

a.   An offer of employment has been made on condition that the person meets the physical or mental requirements of the job, except that a law enforcement agency filling a peace officer position or part-time peace officer position may require or request an applicant to undergo psychological evaluation before a job offer is made provided that the psychological evaluation is for those job-related abilities set forth by the Board of Peace Officer Standards and Training for psychological evaluations and is otherwise lawful.

b.   The examination tests only for essential job-related abilities.

c.   The examination, except for examinations required under Minnesota Statutes, Chapter 176 is required of all persons conditionally offered employment for the same position regardless of disability.

d.   That the information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations; first aid safety personnel may be informed, when appropriate, if the disability might require emergency treatment; government officials investigating compliance with this chapter must be provided relevant information on request; and information may be released for purposes mandated by local, state, or federal law; provided that the results of the examination are used only in accordance with this chapter.

(4)   An employer, employment agency or labor organization, with the consent of the employee, after employment has commenced, from obtaining additional medical information for the purposes of assessing continuing ability to perform the job or employee health insurance eligibility; for purposes mandated by local, state, or federal law; or for purposes of assessing the need to reasonably accommodate an employee or other legitimate business reason not otherwise prohibited by law.

(5)   An employer, employment agency or labor organization from administering preemployment tests, provided that the tests satisfy all of the following:

a.   Measure only essential job-related abilities.

b.   Are required of all applicants for the same position regardless of disability except for tests authorized under Minnesota Statutes, Chapter 176.

c.   Accurately measure the applicant's aptitude, achievement level, or whatever factors they purport to measure rather than reflecting the applicant's impaired sensory, manual, or speaking skills, except when those skills are the factors that the tests purport to measure.

(6)   An employer, employment agency or labor organization from limiting receipt of benefits payable under a fringe benefit plan for disabilities to that period of time which a licensed physician reasonably determines a person is unable to work.

(7)   An employer, employment agency or labor organization from providing special safety considerations for pregnant women involved in tasks which are potentially hazardous to the health of the unborn child, as determined by medical criteria. (Ord. of 12-30-75, § 3; 82-Or-114, § 3, 6-25-82; 87-Or-040, §§ 5, 6, 3-13-87; 88-Or-108, §§ 2, 3, 6-17-88; 90-Or-275, § 2, 11-9-90; 92-Or-063, §§ 7, 8, 5-22-92; 93-Or-132, § 3, 8-27-93; 2003-Or-108, § 1, 8-22-03; 2006-Or-061, § 3, 6-16-06)

139.40.  Acts of discrimination specified. back to top

Without limitation, the following are declared to be unfair discriminatory acts:

(a)   Discrimination by a labor organization.  Except when based on a bona fide occupational qualification, for any labor organization, because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, age, marital status, or status with regard to public assistance:

(1)   To deny full and equal membership rights to a person seeking membership or to a member

(2)   To expel a member from membership

(3)   To discriminate against a person seeking membership or a member with respect to his hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment

(4)   To fail to classify properly, or refer for employment or otherwise to discriminate against a person or member

(5)   To fail to make reasonable accommodation to the known disability of a qualified person with a disability unless the labor organization can demonstrate that the accommodation would impose an undue hardship on it.

"Reasonable accommodation" means steps which must be taken to accommodate the known physical or mental limitations of a qualified person with a disability. "Reasonable accommodation" may include but is not limited to, nor does it necessarily require:

(i)   making facilities readily accessible to and usable by persons with disabilities.

(ii)   job restructuring, modified work schedules, acquisition or modification of equipment or devices, and the provision of aides on a temporary or periodic basis.

In determining whether an accommodation would impose an undue hardship on the operation of a labor organization, factors to be considered include:

a.   The overall size of the labor organization with respect to number of members and the number and type of facilities in which those members are employed.

b.   The type of operation, including the composition and structure of the work force.

c.   The nature and cost of the needed accommodation.

d.   The reasonable ability to finance the accommodation at each site of business.

e.   Documented good faith efforts to explore less restrictive or less expensive alternatives, including consultation with the person with a disability and with knowledgeable persons with disabilities or disability organizations.

(6)   Except when based on a bona fide occupational qualification, it is an unfair employment practice for a labor organization, with respect to all employment related purposes, including receipt of benefits under fringe benefit programs, not to treat women affected by pregnancy, childbirth, or disabilities related to pregnancy or childbirth, the same as other persons who are not so affected but who are similar in their ability or inability to work, including a duty to make reasonable accommodations as provided by 139.40(a)(5).

(b)   Discrimination in employment.  Except when based on a bona fide occupational qualification, for an employer because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, age, marital status, or status with regard to public assistance:

(1)   To fail or refuse to hire or to maintain a system of employment which unreasonably excludes a person seeking employment.

(2)   To discharge an employee.

(3)   To discriminate against a person or employee with respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, discharge, or any term or condition of employment.

(4)   For an employer with fifteen (15) or more permanent full-time employees to fail to make reasonable accommodation to the known disability of a qualified person with a disability unless it can demonstrate that the accommodation would impose an undue hardship on it.

"Reasonable accommodation" means steps which must be taken to accommodate the known physical or mental limitations of a qualified person with a disability. "Reasonable accommodation" may include but is not limited to, nor does it necessarily require:

(i)   making facilities readily accessible to and usable by persons with disabilities.

(ii)   job restructuring, modified work schedules, acquisition or modification of equipment or devices, and the provision of aides on a temporary or periodic basis. A prospective employer need not pay for an accommodation for a job applicant if it is available from an alternative source without cost to the employer or applicant.

In determining whether an accommodation would impose an undue hardship on the operation of an employer, factors to be considered include:

a.   The overall size of the employer with respect to number of employees or members and the number and type of facilities.

b.   The type of operation, including the composition and structure of the work force.

c.   The nature and cost of the needed accommodation.

d.   The reasonable ability to finance the accommodation at each site of business.

e.   Documented good faith efforts to explore less restrictive or less expensive alternatives, including consultation with the person with a disability and with knowledgeable persons with disabilities or disability organizations.

(5)   Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer, with respect to all employment related purposes, including receipt of benefits under fringe benefit programs, not to treat women affected by pregnancy, childbirth, or disabilities related to pregnancy or childbirth, the same as other persons who are not so affected but who are similar in their ability or inability to work, including a duty to make reasonable accommodations as provided by 139.40(b)(4).

(c)   Discrimination by an employment agency.  Except when based on a bona fide occupational qualification, for an employment agency because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, age, marital status, or status with regard to public assistance:

(1)   To refuse or fail to accept, register, classify properly, or refer for employment or otherwise to discriminate against a person.

(2)   To comply with a request from an employer for referral of applicants for employment if the request indicates directly or indirectly that the employer fails to comply with the provisions of this title.

(3)   To fail to make reasonable accommodation to the known disability of a qualified person with a disability unless it can demonstrate that the accommodation would impose an undue hardship on it. "Reasonable accommodation" means steps which must be taken to accommodate the known physical or mental limitations of a qualified person with a disability.

"Reasonable accommodation" may include but is not limited to, nor does it necessarily require:

(i)   making facilities readily accessible to and usable by persons with a disability.

(ii)   job restructuring, modified work schedules, acquisition or modification of equipment or devices, and the provision of aides on a temporary or periodic basis.

In determining whether an accommodation would impose an undue hardship on the operation of an employment agency, factors to be considered include:

a.   The overall size of the agency with respect to number of persons referred for employment and the kind or type of employment to which persons are referred.

b.   The nature and cost of the needed accommodation.

c.   Documented good faith efforts to explore less restrictive or less expensive alternatives, including consultation with the person with a disability and with knowledgeable persons with disabilities or disability organizations.

(4)   Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer, with respect to all employment related purposes, including receipt of benefits under fringe benefit programs, not to treat women affected by pregnancy, childbirth, or disabilities related to pregnancy or childbirth, the same as other persons who are not so affected but who are similar in their ability or inability to work, including a duty to make reasonable accommodations as provided by 139.40(c)(3).

(d)   Discriminatory practices in furnishing employment information and employment advertising.  Except when based on a bona fide occupational qualification, for an employer, employment agency, or labor organization, before a person is employed by an employer or admitted to membership in a labor organization:

(1)   To require a person to furnish information that pertains to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, age, marital status, or status with regard to public assistance, unless one (1) of the following apply:

a.   For the purpose of national security, information pertaining to national origin is required by the United States, this state, or a political subdivision or agency of the United States or this state.

b.   For the purpose of compliance with the Public Contracts Act or any rule, regulation or laws of the United States or of this state requiring information pertaining to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, age, marital status, or status with regard to public assistance is required by the United States, this state, or a political subdivision or agency of the United States or this state.

(2)   To cause to be printed or published a notice or advertisement that relates to employment or membership and discloses a preference, limitation, specification, or discrimination based on race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, age, marital status, or status with regard to public assistance.

(e)   Discrimination in real estate.  For an owner, lessee, sublessee, managing agent of, real estate broker, real estate salesperson or other person having the right to sell, rent or lease any property, or any agent or employee of any of these:

(1)   To refuse to sell, rent or lease, to offer for sale, rental or lease, or otherwise deny or withhold any real property to or from any person or group of persons or to refuse to negotiate for the sale, rental or lease of any real property to any person or group of persons because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, marital status, status with regard to public assistance or familial status.

(2)   To represent that real property is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise deny or withhold any real property or any facilities of real property to or from any person or group of persons because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, marital status, status with regard to public assistance or familial status.

(3)   To discriminate against any person in the terms, conditions or privileges of the sale, rental or lease of real property or in the furnishing of facilities or services in connection therewith, including application processes and fees, because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, marital status, status with regard to public assistance or familial status.

(4)   To fail or refuse to make reasonable accommodations in rules, policies, practices or services when necessary to afford a person with a disability an opportunity to use, enjoy or continue to use or enjoy a dwelling.

(5)   To print, circulate or post, or cause to be printed, circulated or posted, any advertisement or sign, or use any form of application for the purchase, rental or lease of any real property, or make any record or inquiry verbal or written in connection with the prospective purchase, rental or lease of any real property, which expresses directly or indirectly, any limitation, specification or discrimination as to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, marital status, status with regard to public assistance or familial status.

(6)   To fail to design and construct covered multifamily dwellings available for first occupancy after March 13, 1991, so that:

a.   The dwellings have at least one (1) building entrance on an accessible route, unless it is impractical to do so because of terrain or unusual site characteristics; or

b.   With respect to dwellings with a building entrance on an accessible route:

1.   The public and common use portions are readily accessible to and usable by persons with disabilities.

2.   There is an accessible route into and through all dwellings and units.

3.   All doors designed to allow passage into, within and through these dwellings and individual units are wide enough for persons with disabilities in wheelchairs.

4.   Light switches, electrical switches, electrical outlets, thermostats, and other environmental controls are in accessible locations.

5.   Bathroom walls are reinforced to allow later installation of grab bars.

6.   Kitchens and bathrooms have space for a person in a wheelchair to maneuver.

For purposes of this subsection, the term "covered multifamily dwellings" means either buildings consisting of four (4) or more units if such buildings have one (1) or more elevators or ground floor units in other buildings consisting of four (4) or more units.

(7)   To fail to make reasonable accommodation to the known disability of a disabled person.

(8)   To provide services at different fee schedules between a person with a spouse and a person with registered domestic partner, or between a person with a spouse and children and a person with a registered domestic partner and children.

(f)   Discriminatory representation by real estate brokers or real estate salespersons.  For any real estate broker or real estate salesperson, property owner, rental agent, property manager, caretaker or any agent or employee thereof, for the purpose of inducing a real property transaction from which a person, that person's firm, or any of its members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, marital status, status with regard to public assistance or familial status of the owners or occupants in the block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other public facilities.

(g)   Discrimination by professional organizations.  Except when based on a bona fide occupational qualification, for any professional association, because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, age, marital status, status with regard to public assistance, or familial status:

(1)   To deny full and equal membership rights to a person seeking membership or to a member.

(2)   To expel a member from membership.

(3)   To discriminate against a person seeking membership or a member with respect to the terms and conditions of membership, services and privileges associated with membership, participation in all membership activities and benefits, or any other aspect of membership.

(4)   To fail to properly classify a person seeking membership or a member with regard to the availability of membership services, cost of membership or otherwise discriminate against a person seeking membership or a member.

(5)   To fail to make reasonable accommodation to the known disability of a qualified disabled person unless the professional organization can demonstrate that the accommodation would impose an undue hardship on it.

(6)   To provide services at different fee schedules between a person with a spouse and a person with registered domestic partner, or between a person with a spouse and children and a person with a registered domestic partner and children.

(h)   Discrimination in lending.  For any person, bank, banking organization, mortgage company, insurance company, broker, underwriter or other financial institution or lender, or any agent or employee thereof, to whom application is made for financial assistance:

(1)   To discriminate against any person or group of persons because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, marital status, or status with regard to public assistance or familial status in the granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions or privileges of any such financial assistance or in the extension of services in connection therewith.

(2)   To use any form of application for such financial assistance or make any verbal or written record or inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any preference, limitation, specification or discrimination as to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, marital status, or status with regard to public assistance or familial status or any intent to make any such preference, limitation, specification or discrimination.

(3)   To discriminate against any person or group of persons who desire to purchase, lease, acquire, construct, rehabilitate, repair or maintain real property in a specific urban area because of the social, economic or environmental conditions of the area in the granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions or privileges of any such financial assistance or in the extension of services in connection therewith. All financial institutions shall post the following sign in a conspicuous place: "This institution abides by the federal, state and local laws prohibiting the denial of a mortgage or home improvement loan or the granting of a mortgage or home improvement loan on different terms, because of the conditions in the neighborhood in which the home is located. If you believe you have been discriminated against, call either of the following agencies for help: State Human Rights Department; City Civil Rights Department."

(i)   Discrimination in public accommodations.  For any person engaged in the provision of public accommodations:

(1)   To fail or refuse to provide to any person access to the use of and benefit from the services, privileges, advantages, accommodations and facilities of such public accommodations because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, marital status, or status with regard to public assistance.

(2)   To discriminate against any person with respect to the availability of such services and facilities, the price or other consideration therefor, the scope and quality thereof, or the terms and conditions under which the same are made available, including terms and conditions relating to credit, payment, warranties, delivery, installation and repair because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, marital status, or status with regard to public assistance.

(3)   To provide services at different fee schedules between a person with a spouse and a person with registered domestic partner, or between a person with a spouse and children and a person with a registered domestic partner and children because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, marital status, or status with regard to public assistance.

(4)   To not make reasonable accommodation to the known physical, sensory, or mental disability of a person with a disability in a place of public accommodation. In determining whether an accommodation is reasonable, the factors to be considered may include:

a.   The frequency and predictability with which members of the public will be served by the accommodation at that location.

b.   The size of the business or organization at that location with respect to physical size, annual gross revenues, and the number of employees.

c.   The extent to which persons with disabilities will be further served from the accommodation.

d.   The type of operation.

e.   The nature and amount of both direct costs and legitimate indirect costs of making the accommodation and the reasonableness for that location to finance the accommodation.

f.   The extent to which any persons may be adversely affected by the accommodation.

(5)   To subject a person or class of persons on the basis of a disability of that person or class of persons, directly or through contractual, licensing, or other arrangements, to a denial of the opportunity of the person or class of persons to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity.

(6)   To afford a person or class of persons, on the basis of the disability of that individual or class of persons, directly or through contractual, licensing, or other arrangements, with the opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations that are not equal to those afforded to other persons.

(7)   To provide a person or class of persons, on the basis of a disability of that person or class of persons, directly or through contractual, licensing, or other arrangements, with goods, services, facilities, privileges, advantages, or accommodations that are different or separate from those provided to other individuals, unless the action is necessary to provide the individual or class of individuals with goods, services, facilities, privileges, advantages, or accommodations, or other opportunities that are as effective as those provided to others.

(8)   To not afford goods, services, facilities, privileges, advantages, and accommodations to a person with a disability in the most integrated setting appropriate to the needs of the person with a disability.

(9)   Notwithstanding the existence of separate or different programs or activities provided in accordance with subdivision 139.40(i)(5), to deny a person with a disability the opportunity to participate in the programs or activities that are not separate or different.

(10)   To, directly or through contractual or other arrangements, use standards or criteria and methods of administration that either:

a.   Have the effect of discriminating on the basis of disability.

b.   Perpetuate on the basis of disability the discrimination of others who are subject to common administrative control.

(11)   To impose or apply eligibility criteria that screen out or tend to screen out a person with a disability or any class of persons with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless the criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations.

(12)   To fail to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to afford the goods, services, facilities, privileges, advantages, or accommodations to persons with disabilities, unless the entity can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.

(13)   To fail to take all necessary steps to ensure that no person with a disability is excluded, denied services, segregated, or otherwise treated differently than other persons because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking the steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered and would result in an undue burden;

(14)   To fail to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles used by an establishment for transporting individuals, not including barriers that can only be removed through the retrofitting of vehicles by the installation of hydraulic or other lifts, if the removal is readily achievable.

(15)   If an entity can demonstrate that the removal of a barrier under subdivision 139.40(i)(12) is not readily achievable or cannot be considered a reasonable accommodation, to fail to make the goods, services, facilities, privileges, advantages, or accommodations available through alternative means if the means are readily achievable.

(16)   To deny any person with a disability the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce by any of the following:

a.   The imposition or application of eligibility criteria that screen out, or tend to screen out, an individual with a disability or a class of individuals with disabilities from fully enjoying the specified public transportation services provided by the entity, unless the criteria can be shown to be necessary for the provision of the services being offered.

b.   The failure to make reasonable modifications, provide auxiliary aids and services, and remove barriers, consistent with subdivision 139.40(i)(9) through 139.40(i)(13).

c.   The purchase or lease of a new vehicle, other than an automobile or van with a seating capacity of fewer than eight (8) passengers, including the driver, or an over-the-road bus, that is to be used to provide specified public transportation that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, except that a new vehicle need not be readily accessible to and usable by individuals with disabilities if the vehicle is to be used solely in a demand responsive system and if the private entity can demonstrate that the system, when viewed in its entirety, provides a level of services to individuals with disabilities equivalent to the level of service provided to the general public.

d.   The purchase or lease a new railroad passenger car that is to be used to provide specified public transportation if the car is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, or to manufacture railroad passenger cars or purchase used cars that have been remanufactured so as to extend their usable life by ten (10) years or more, unless the remanufactured car, to the maximum extent feasible, is made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, except that compliance with this clause is not required to the extent that compliance would significantly alter the historic or antiquated character of historic or antiquated railroad passenger cars or rail stations served exclusively by those cars.

e.   The purchase or lease a new, used, or remanufactured vehicle with a seating capacity in excess of sixteen (16) passengers, including the driver, for use on a fixed route public transportation system, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. If a private entity that operates a fixed route public transportation system purchases or leases a new, used, or remanufactured vehicle with a seating capacity of sixteen (16) passengers or fewer, including the driver, for use on the system which is not readily accessible to and usable by individuals with disabilities, it is an unfair discriminatory practice for the entity to fail to operate the system so that, when viewed in its entirety, the system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities.

f.   Failing to operate a demand responsive system so that, when viewed in its entirety, the system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities. It is an unfair discriminatory practice for the entity to purchase or lease for use on a demand responsive system a new, used, or remanufactured vehicle with a seating capacity in excess of sixteen (16) passengers, including the driver, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the entity can demonstrate that the system, when viewed in its entirety, provides a level of service to individuals with disabilities equivalent to that provided to individuals without disabilities.

(17)   To construct a new facility or station to be used in the provision of public transportation services, unless the facilities or stations are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

(18)   To fail to make alterations necessary in order, to the maximum extent feasible, to make the altered portions of facilities or stations currently used for the provision of public transportation services readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. If the private entity is undertaking an alteration that affects or could affect the usability of or access to an area of the facility containing a primary function, the entity shall make the alterations so that, to the maximum extent feasible, the path of travel to the altered area, and the bathrooms, drinking fountains, and telephones serving the altered area, are readily accessible to and usable by individuals with disabilities if the alterations to the path of travel or to the functions mentioned are not disproportionate to the overall alterations in terms of cost and scope. The entity raising this defense has the burden of proof, and the department shall review these cases on a case-by-case basis.

For purposes of subsections 139.40(i)(5), 139.40(i)(6), and 139.40(i)(7), "person" or "class of persons" means clients or customers of the covered public accommodation that enter into the contractual, licensing, or other arrangement.

State or local building codes control where applicable. Violations of state or local building codes are not violations of this chapter and must be enforced under normal building code procedures.

Nothing in this subsection requires an entity to permit a person with a disability to participate in and benefit from the goods, services, facilities, privileges, advantages, and accommodations of the entity if the person with a disability poses a direct threat to the health or safety of others. "Direct threat" means a significant risk to the health or safety of others that can not be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services.

(j)   Discrimination in public services.  For any person engaged in the provision of public services, because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, marital status, or status with regard to public assistance:

(1)   To discriminate against any person, in the access to, admission to, full use of or benefit from any public service.

(2)   To provide public services at different fee schedules between a person with a spouse and a person with a registered domestic partner, or between a person with a spouse and children and a person with a registered domestic partner and children.

(k)   Discrimination in educational institutions.  For any educational institution, because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, marital status, or status with regard to public assistance:

(1)   To discriminate against any person in the full use of or benefit from such institution, or the services rendered thereby to any persons because of protected class status or to fail to ensure physical or program access for disabled persons. For purposes of this paragraph, program access includes but is not limited to providing taped texts, interpreters or other methods of making orally delivered materials available, readers in libraries, adapted classroom equipment, and similar auxiliary aids or services. Program access does not include providing attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.

(2)   To exclude, expel or otherwise discriminate against a person seeking admission as a student, or a person enrolled as a student.

(3)   To make or use a written or oral inquiry, or form of application for admission that elicits or attempts to elicit information, or to make or keep a record concerning the protected class status of an applicant, except when maintained as applicant flow data in a file that is not accessible to persons making admission decisions.

(4)   To fail to make reasonable accommodations to the known disability of a qualified person with a disability unless it can demonstrate that the accommodation would impose an undue hardship on it. In determining whether an accommodation would impose an undue hardship on the operation of an educational institution, factors to be considered include:

a.   The overall size of the educational institution with respect to number of students and the number and type of facilities.

b.   The nature and cost of the needed accommodation.

c.   The reasonable ability of the educational institution to finance the accommodation.

d.   Documented good faith efforts to explore less restrictive or less expensive alternatives, including consultation with the person with a disability or with knowledgeable persons with disabilities or disability organizations.

(l)   Discrimination in business.  It is an unfair discriminatory practice for a person engaged in a trade or business or in the provision of a service:

(1)   To refuse to do business with or provide a service to a woman based on her use of her current or former surname.

(2)   To impose, as a condition of doing business with or providing a service to a woman, that a woman use her current surname rather than a former surname.

(3)   To intentionally refuse to do business with, to refuse to contract with, or to discriminate in the basic terms, conditions, or performance of the contract because of a person's race, national origin, color, sex, sexual orientation, or disability, unless the alleged refusal or discrimination is because of a legitimate business purpose.

Nothing in this subsection shall prohibit positive action plans.

(m)   Aiding, abetting or facilitating discrimination; reprisals related to discrimination; coercion related to housing.  For any person:

(1)   To conceal or attempt to conceal any discriminatory act forbidden by this title or to aid, abet, compel, coerce, incite or induce, or attempt to induce, another person to discriminate.

(2)   To use any trick, artifice, advertisement, sign, form of application, record on inquiry or any device whatsoever to bring about or facilitate discrimination.

(3)   To engage in any reprisal, economic or otherwise, because another person opposed a discriminatory act forbidden under this title, has filed a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this title, or has associated with a person or group of persons of a different race, color, creed, religion, ancestry, national origin, sex, sexual orientation, status with regard to disability, age, marital status, status with regard to public assistance or familial status.

(4)   To coerce, intimidate, threaten, or interfere with any person in the exercise of or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of any right with regard to real estate granted or protected by subdivisions (e), (f) or (h) of this section.

Nothing in this subsection shall prohibit positive action plans. (Ord. of 12-30-75, § 4; 82-Or-114, § 4, 6-25-82; 87-Or-040, §§ 7--9, 3-13-87; 88-Or-108, § 4, 6-17-88; 89-Or-038, 2-24-89; 90-Or-275, §§ 1--3, 11-9-90; 92-Or-063, § 9, 5-22-92; 93-Or-132, §§ 4--8, 8-27-93; 2003-Or-108, § 2, 8-22-03; 2006-Or-061, § 4, 6-16-06)

139.50.  Provisions required in contracts with city. back to top

(a)  Required contract clauses.  Unless exempted by the director, all City of Minneapolis contracts shall include the following provisions, specifically or by reference:

During the performance of this contract, the contractor agrees as follows:

(1)   The contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, age (forty (40) to seventy (70)), marital status, or status with regard to public assistance. The contractor will take affirmative action to ensure that all employment practices are free of such discrimination. Such employment practices include but are not limited to the following: Hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Minneapolis Department of Civil Rights ("MDCR") setting forth the provisions of this nondiscrimination clause.

(2)   The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity or affirmative action employer.

(3)   The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the MDCR, advising the labor union or workers' representative of the contractor's commitments under section 139.50 of the Minneapolis Code of Ordinances, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(4)   The contractor will comply with all provisions of Title 7 of the Minneapolis Code of Ordinances, and with all rules and regulations issued by the director of the MDCR ("director") or the Minneapolis Commission on Civil Rights.

(5)   The contractor will furnish and cause each of its subcontractors to furnish all information and reports by section 139.50 of the Minneapolis Code of Ordinances, and by the rules and regulations of the director or of the commission, and will permit access to its books, records and accounts by the director, the director's agent, or the commission, for purposes of investigation to ascertain compliance with the rules, regulations and provisions of Title 7.

(6)   The contractor shall take affirmative action to afford business enterprises owned and controlled by women and minorities and certified by the MDCR, or the MDCR's agent, the maximum feasible opportunity to participate in the performance of this contract and resulting subcontracts. As used in this contract, the term "business enterprise owned and controlled by women and minorities" means a business, at least fifty-one (51) per cent of which is owned and controlled by minority group members or women. For the purposes of this definition, "minority group members" are Black, Hispanic, Asian-Americans, and American Indians and Alaskan natives. This provision is not intended to limit in any manner the right of a contractor to enter into a contract with a subcontractor whose status as a business enterprise owned and controlled by women and minorities has not been determined by the MDCR.

(7)   In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or provisions of Title 7, this contract may be canceled, terminated or suspended, in whole or in part, and the contractor may be declared ineligible by the Minneapolis city council for further city contracts in addition to other remedies as provided in Title 7. In addition, the contractor shall be liable for any costs or expenses incurred by the City of Minneapolis in obtaining from other sources the work and services to be rendered or performed or the goods or properties to be furnished or delivered to the city under this contract and for administrative costs incurred in seeking compliance. The city shall have the right to specific performance of this contract. Further, in the event there is probable cause to believe the contractor is in noncompliance with the nondiscrimination clauses of this contract or with any applicable rules or regulations, the city shall withhold up to fifteen (15) per cent of said contract amount until such time as the contractor is found to be in compliance or in the event that withholding a portion of the contract amount is not a feasible alternative, then liquidated damages of five hundred dollars ($500.00) per day for each day that the director shall determine that there is probable cause to believe that the contractor is in noncompliance with this section shall be imposed, or is otherwise adjudicated to be in compliance.

(b)   Noncompliance.  When the director or the director's designee shall have probable cause to believe that the contractor is not in compliance with any provision of subsection (a) paragraphs (1) through (7) or with the implementing rules, regulations, provisions or plans thereto, the director or the director's designee shall notify the city department administering said contract and shall engage the contractor and the administering department in conciliation and persuasion to try to eliminate the acts or practices giving rise to such belief.
Should conciliation and persuasion fail to eliminate the noncompliant acts or practices, the director or the director's designee shall either request a hearing before the city council on the subject matter of the noncompliance or file a director's charge and refer said charge to the commission demanding that a hearing panel of the commission be convened to hear the charge.

(1)   Hearing before city council.  

a.   The president may refer the matter in conformance with council procedures to the appropriate standing committee, no later than its second next regular meeting, for public hearing on the alleged noncompliance and the committee shall report its findings to the council. The council may take final action including final imposition of sanctions under subsection (a)(7), direction to the director to obtain compliance or any other action it deems just and proper.

b.   Should the director or the director's designee have probable cause to believe that the contractor remains in noncompliance, the director shall file a director's charge and refer said charge to the commission demanding that a hearing panel of the commission be convened to hear the complaint. The hearing panel shall be convened as set forth in 139.50(b)(2).

(2)   Hearing before a panel of the commission.  

a.   The hearing on the director's charge shall be held within thirty (30) days of notification of the matter for hearing. The city attorney shall represent the director before the commission.

b.   The chairperson of the commission on civil rights shall appoint a three-person panel, one (1) of whom shall be an attorney, who shall also be chairperson of the panel.

The panel shall hold a public hearing on the director's charge and shall receive evidence pursuant to the provisions of Minnesota Statutes Section 14.60. The hearing panel shall make findings with respect to the contract, ordinance provisions, affirmative action plan or women and minority business enterprise plan. The hearing panel shall order final action including final imposition of sanctions under subsection (a)(7) of this section.

c.   Whenever, in the director's judgment a public hearing pursuant to subsection (b)(2) will take longer than two (2) full days to complete, the director shall certify such fact to the commission and the chairpersons of the commission shall appoint a person who is a lawyer and who may or may not be a member of the commission to conduct the public hearing. In such cases, the hearing examiner shall have the same duties, obligations and powers as a hearing panel.

(c)   Subcontracts.  The contractor will include the provisions of subsection (a) paragraphs (1) through (7) in every subcontract or purchase order, specifically or by reference, unless exempted by rules, regulations or orders of the director or the commission, issued pursuant to chapter 141 of this title, so that such provisions will be binding upon each subcontractor or vendor.

(d)   Written affirmative action plan.  Neither the City of Minneapolis nor the Minneapolis Community Development Agency shall enter into contracts or amend any contract resulting in a cumulative contract award in excess of fifty thousand dollars ($50,000.00) with any bidder or prospective contractor until a written affirmative action plan has been approved by the director or the director's designee and until the department has conducted a pre-award compliance review. Neither the City of Minneapolis nor the Minneapolis Community Development Agency shall not close on any Development Contract until a written affirmative action plan from the recipient of assistance and any prospective contractor with a contract in excess of $50,000.00 has been approved by the director or the director's designee and until the department has conducted a pre-award compliance review.

The director or director's designated city staff shall, in a pre-award compliance review, examine evidence of the past performance of the entity under review regarding compliance with the provisions of subsection (a) of this section which should include, but not be limited to the following factors: The record of the entity under review regarding observance of the City of Minneapolis contract compliance rules and regulations, the books, records, payrolls and other relevant documents including a list, separated by construction project or work site of all protected-class employees who worked for the entity under review during the period to be reviewed; documentary evidence of the implementation of each of the affirmative action standards set forth in the specifications and evidence demonstrating whether or not the entity under review has complied with subsection (a)(1) of this section or similar equal employment opportunity clause in contracts with any other governmental body or any other entity. The director or director's designated city staff shall have thirty (30) days after receiving notice of the proposed contract to complete the pre-award compliance review and approve or disapprove the affirmative action plan.

(e)   Jurisdiction.  With regard to development contracts the jurisdiction of the city under this section shall extend for a period of three (3) years from the date of the development contract or until such longer period as may be stated in the development contract and shall include jurisdiction over owner-occupants of any project financed pursuant thereto. (Ord. of 12-30-75, § 5; 80-Or-021, §§ 1, 2, 2-8-80; 81-Or-211, §§ 1--3, 8-14-81; 82-Or-255, § 1, 12-23-82; 83-Or-324, §§ 1--8, 12-30-83; 84-Or-042, §§ 1, 2, 3-30-84; 88-Or-001, § 1, 1-15-88; 90-Or-012, § 1, 1-26-90; 93-Or-132, § 9, 8-27-93; 2006-Or-061, § 5, 6-16-06)

139.60.  Responsibilities and duties of city employees; act of discrimination. back to top

All officials, commissioners, agents, employees and servants of the City of Minneapolis, elected and appointed, including civil service employees, and whether serving with or without compensation, shall observe the terms and provisions of this title and shall, except as expressly prohibited by law, respond promptly to any and all reasonable requests by the director or the commission, within the scope of their authority, for information and for access to data and records for the purpose of enabling the director to carry out his or her responsibilities under this title. The failure of any such official, commissioner, agent, employee or servant of the City of Minneapolis to comply with any provisions of this title relating to any matter within the scope of his or her official duties shall be deemed an act of discrimination. (Ord. of 12-30-75, § 6)

139.70.  Development of affirmative action plans by city departments. back to top

All City of Minneapolis departments, including the Minneapolis Community Development Agency, and all boards, commissions or agencies shall at least annually develop and submit to the city council a plan, including goals and timetables for the hire, promotion and retention of minorities, women, and persons who are handicapped, and for the purchase of goods and services from women and minorities. (83-Or-324, § 9, 12-30-83)

139.80.  Affirmative action requirements in regard to professional or technical services. back to top

Prior to its solicitation of requests for proposals for professional or technical services, and where requests for proposals have not been solicited, prior to entering into any contract or agreement to provide professional or technical services, the person authorized to request such professional or technical services shall meet with the women and minority business enterprise liaison officer and confer as to whether reasonable opportunities exist for businesses owned and controlled by women or minorities to participate in the performance of such contracts or agreements. No contract or agreement to provide such professional or technical services shall be approved until the person authorized to request such professional or technical service and the women and minority business enterprise liaison officer shall certify that a meeting was held pursuant to this section.

All bid notices, documents and specifications used for solicitation of requests for proposals for professional or technical services shall include the following language: The City of Minneapolis hereby notifies all bidders that businesses owned and controlled by women or minorities shall be afforded the maximum feasible opportunity to submit bids and/or proposals and that all bidders shall comply with the City of Minneapolis women and minority business enterprise affirmative action plan. Failure to do so shall render a bid or proposal nonresponsive. (83-Or-324, § 10, 12-30-83; 84-Or-042, § 3, 3-30-84)

139.90.  Reporting. back to top

The director or the director's designee shall, at least quarterly, report to the city council as to their contract compliance activities. Such report shall also be made to the mayor and the Minneapolis Commission on Civil Rights and shall contain only matter which is classified as public data pursuant to the Minnesota Government Data Practices Act. (83-Or-324, § 11, 12-30-83; Pet. No. 249821, § 2, 7-14-89; 2006-Or-061, § 6, 6-16-06)

CHAPTER 141.  ADMINISTRATION AND ENFORCEMENT back to top

141.10.  Commission on civil rights established. back to top

There is hereby created a Minneapolis Commission on Civil Rights for the purpose of carrying forward the policies of the city in the field of human relations to promote civil rights and to enforce the provisions of this title. (Ord. of 12-30-75, § 7)

141.20.  Commission membership. back to top

(a)  Composition and qualifications.  The commission shall consist of twenty-one (21) members all of whom shall be persons known to favor the principles of equal opportunity, nondiscrimination and the objectives of this title, who shall be appointed by the mayor and confirmed by the city council. A minimum of six (6) and a maximum of eight (8) shall be lawyers. All members shall be residents of the city.

(b)   Appointment, terms.  On and after August 31, 1976, the mayor shall appoint members as follows: For those terms which terminate on August 31, 1976, six (6) members shall be appointed for a term to terminate August 31, 1979, and three (3) members shall be appointed for a term to terminate August 31, 1978; for those terms which terminate on August 31, 1977, three (3) members shall be appointed for a term to terminate August 31, 1978, and five (5) members shall be appointed for a term to terminate August 31, 1980. On or after August 31, 1978, one member shall be appointed for a term to terminate August 31, 1979, two (2) members shall be appointed for a term to terminate August 31, 1980, and one member shall be appointed for a term to terminate August 31, 1981. Thereafter all members shall be appointed for three-year terms which shall terminate on August 31 of the third year following the year of their appointment. Commencing in 1982, the city council and the mayor shall divide the appointment of members as provided hereafter. The city council shall appoint four (4) of the members whose terms terminate on August 31, 1982; the mayor three (3). The city council shall appoint three (3) of the members whose terms terminate on August 31, 1983; the mayor four (4). The mayor shall appoint the members whose terms terminate on August 31, 1984. All these appointments and subsequent reappointments by the same appointing authorities shall be for three-year terms which shall terminate on August thirty-first of the third year following the year of their appointment. All mayoral appointments shall be subject to city council confirmation; all city council appointments are subject to mayoral consent or veto as provided in the Minneapolis City Charter, Chapter 3, Section 1. Members shall continue to serve until their successors have been appointed.

(c)   Removal and vacancies; compensation; quorum.  Any member may be removed by the appointing authority for incompetence, neglect of duty, misconduct or malfeasance. Any vacancy occasioned by resignation, death or removal shall be filled for the balance of the unexpired term in the same manner as provided for original appointment. Members of the commission shall be compensated at the rate of thirty-five dollars ($35.00) per monthly meeting attended and further as provided in section 141.50(k)(2) and (3). Nine (9) members of the commission shall constitute a quorum.

Any member who has four (4) absences from regular meetings in a calendar year shall automatically cease to be a member of the commission. Any member appointed to a standing committee or task force who has four (4) absences from any scheduled committee or task force meeting in a calendar year shall automatically cease to be a member of the commission. Any member of a hearing committee who misses two (2) public hearings to which the member has been assigned by the chairperson of the commission without providing a substitute in any calendar year shall automatically cease to be a member of the commission.

Any time a member has been automatically removed from the commission by operation of this section, the chairperson shall immediately inform the appointing authority of the vacancy. (Ord. of 12-30-75, § 7; 78-Or-166, § 1, 8-24-78; 82-Or-115, § 1, 6-25-82; 84-Or-067, § 1, 4-27-84; 85-Or-061, § 1, 3-22-85; 96-Or-131, § 1, 12-13-96; 2006-Or-062, § 1, 6-16-06)

141.30.  Organizational and administrative powers and duties of commission. back to top

The commission shall:

(1)   Annually designate from among its own membership a chairperson, a vice-chairperson, and such other officers and committees as it may deem appropriate.

(2)   Meet once per month at a regularly scheduled time and place to be decided by the commission and meet at such other times and places as may be determined by the commission, by standing or special rule, or on call of the chairperson.

(3)   Adopt suitable rules and regulations for the conduct of its internal operations.

(4)   Designate and appoint such additional committees as it may from time to time deem appropriate. The membership of such committees may consist of both members and nonmembers of the commission or may consist entirely of nonmembers of the commission. Such committees shall assist and advise the commission in carrying out the objectives of this title. (Ord. of 12-30-75, § 7)

141.40.  Substantive and procedural powers and duties of commission. back to top

The commission shall:

(1)   Seek to prevent and eliminate bias and discrimination because of race, color, creed, religion, ancestry, national origin, sex, affectional preference, disability, age, marital status, status with regard to public assistance, or familial status by means of education, persuasion, conciliation and enforcement, mediation and the impartial resolution and adjudication of disputes, and utilize all the powers at its disposal to carry into execution the provisions of this title. The commission may obtain as part of mediation the administrative costs incurred by the commission in handling the complaint.

(2)   Conduct a program of research and study for the purpose of ascertaining how the objectives of this title may best be attained and sustained.

(3)   Publish results of such research and studies.

(4)   Advise the mayor, the city council and departments or agencies of government with respect to matters relating to the commission's purposes.

(5)   Cooperate with and seek to advise and coordinate the activities of persons or groups interested in the objectives of this title.

(6)   Receive, or on the basis of its own information, initiate, complaints alleging discrimination and conduct such investigations and inquiries as may reasonably appear necessary to find the facts with respect thereto.

(7)   Conduct public meetings and hearings, and gather and disseminate information to governmental agencies and to the public.

(8)   Utilize the records and services of municipal, state and federal governmental departments and agencies to the extent permitted by law, and pursuant to agreement with departments and agencies may refer matters for preliminary inquiry, conciliation, hearing and findings.

(9)   Furnish to any appropriate state or federal agency having jurisdiction in the premises a transcript of the proceedings and findings in any case in which the court of competent jurisdiction of the commission has, after hearing, found that any person has unlawfully discriminated.

(10)   Adopt and promulgate, pursuant to Chapter 14 of Minnesota Statutes, suitable rules and regulations for effectuating the purposes of this title. The procedure for adopting, amending, suspending or revoking rules shall be in the following manner: The commission shall hold a public hearing affording all interested parties an opportunity to participate; thirty (30) days' prior notice to the hearing shall be published once in the Minneapolis Star or Tribune newspaper and once in two (2) minority newspapers; free copies of the proposed rule shall be available to the public at the Minneapolis Department of Civil Rights; a tape recording or other transcription of the public hearing shall be made; after allowing written material to be submitted to the commission for twenty (20) days after the public hearing ends the commission shall meet to consider and take action; if the commission adopts the rule, it shall be submitted with the tape recording or other transcription of the public hearing to the city attorney who shall review the rule as to form and legality. The city attorney shall, within twenty (20) days, either approve or disapprove the rule. If the city attorney approves the rule, the city attorney shall promptly forward it to the city council for its approval, disapproval, amendment or referral back to the commission for further consideration; the city council shall so act within thirty (30) days of the referral from the city attorney; a rule approved or amended by the city council shall be filed in the office of the city clerk and shall be effective upon publication unless a later date is specified in the rule; if the city attorney disapproves the rule, the city attorney shall state in writing the reasons therefor and return the proposed rule to the commission. When the director has submitted to the commission any suggested rule or regulation which the commission, after six (6) months has not acted upon, the commission shall hold a public hearing and pass a resolution to either commence the procedures set out in this subdivision or refuse the suggested rule or regulation. (Ord. of 12-30-75, § 7; 76-Or-172, § 1, 9-24-76; 84-Or-043, § 1, 3-30-84; Pet. No. 249821, § 3, 7-14-89; 93-Or-133, § 1, 8-27-93; 95-Or-164, § 1, 12-29-95)

141.50.  Procedure for complaints; investigations, conciliations, mediations, and hearings before commission. back to top

(a)  Complaint filing.  Any person believing discrimination has occurred may file with the director a verified written complaint under oath which shall state the name and address of each person complained against (respondent), and shall set forth the pertinent facts as known to the complainant. A complaint may be filed only if the matter complained of occurred within one year prior to filing the complaint. The running of the one-year limitation period is suspended during the time a potential complainant and respondent are voluntarily engaged in a dispute resolution process involving a claim of unlawful discrimination under this title, including arbitration, conciliation, mediation or grievance procedure pursuant to a collective bargaining agreement or statutory, charter, ordinance provisions for a civil service or other employment system or a school board sexual harassment or sexual violence policy. A potential respondent who participates in such a process with a potential complainant before a charge is filed shall notify the department and the complainant in writing of the participation in the process and the date the process commenced and shall also notify the department and the complainant of the ending date of the process. A respondent who fails to provide this notification is barred from raising the defense that the limitation period has run unless on year plus a period of time equal to the suspension period has passed.

(b)   Service.  The director, within ten (10) days of the receipt of the verified complaint, shall serve a copy of the complaint on the respondent personally or by first class mail. The respondent shall file a written response with the department setting out the respondent's position relative to the complaint within twenty (20) days of the receipt of the complaint. If the respondent fails to respond with a written position statement within thirty (30) days after receipt of the complaint, and the respondent has not requested an extension of time for response, the director may bring an action for default in district court.

(c)   Preliminary inquiry into complaint.  Promptly upon the filing of any complaint, the director shall make such investigation as the director may deem appropriate to determine whether there is probable cause to believe that the allegations of discrimination are well founded. While the director is investigating a complaint, the director may attempt to conciliate the matter complained of prior to the signing of a verified complaint or prior to making a determination of probable cause. Where the complaint alleges an unfair discriminatory act under section 139.40(e), the director of the department of inspections shall be notified of the pendency of the complaint and of its subsequent resolution.

(d)   Probable cause.  After investigating a complaint and after consulting with the city attorney's office, the director shall make a determination as to whether there is probable cause to believe that the allegations of discrimination are well founded.

(e)   Finding of no probable cause and review thereof.  If the director makes a determination of no probable cause, the director shall notify by mail the complainant and respondent of such a determination and of the complainant's right to appeal the determination to a review committee. The complainant may within fifteen (15) days after receiving such notice file an appeal in writing with the director, who shall promptly transmit said appeal to the chairperson of the commission. The chairperson shall designate three (3) members of the commission, at least one of whom shall be a lawyer, to review the director's determination. Upon request the complainant shall be able to make a presentation to the review committee. The review committee may then either affirm or reverse the director's decision or send the complaint back to the director for additional investigation. No member of a review committee shall act as a member of a hearing committee in the same case.

(f)   Finding of probable cause and conciliation.  If the director or a review committee, following an appeal, makes a determination of probable cause, the director shall immediately endeavor to eliminate the acts or practices complained of by conciliation and persuasion. If the director cannot do so, then the director shall refer the complaint to the commission. A conciliation agreement rising out of such conciliation shall be an agreement between the complainant, respondent and the department and shall be subject to approval by the director. Each such conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the director determines that disclosure is not required to further the purposes of this title.

At the time the director refers a case involving a violation of Chapter 139.40 (e), (f), (g), or (g)(1), (h), or (i) and where such case has been dual-filed with the department of housing and urban development as a violation of Title VIII of the National Fair Housing Act prohibiting discrimination in housing pursuant to the contractual agreement existing between the director and the department of housing and urban development, the director shall notify the complainant of the referral and of the complainant's option to proceed with the charge before the commission on civil rights or in Minnesota district court. This notice shall provide that an attorney will be furnished by the city should the complainant decide to proceed before the commission or the district court.

(g)   Director's authority to dismiss a complaint and review thereof.  If at any time subsequent to the signing of a verified complaint and prior to referral of the complaint to the commission the director shall determine the charge is without merit, is frivolous, or the complainant has consistently failed to provide or has refused to provide requested information, the director may dismiss the complaint. The director shall set forth the reasons for the dismissal in writing and shall mail to the complainant and the respondent a copy of this written decision and a statement explaining the complainant's right to file a civil action or to appeal the determination to a review committee and subsequently file a civil action. The complainant's filing of an appeal with the director and the appointment and operation of the review committee shall follow the procedures set forth in section 141.50(d).

(h)   Notice to commissioners.  Whenever the director makes a finding of no probable cause or dismisses a complaint, the director shall provide written notice of this action to the commission.

(i)   Hearing procedure.  Within thirty (30) days following the referral of a complaint, the chairperson of the commission shall designate three (3) members of the commission, at least one of whom shall be a lawyer, to serve as a hearing committee, shall designate a chairperson of the hearing committee and shall set a time and place within the city for the hearing of such complaints and the answers to the allegations thereof.

(1)   If, at the time of the prehearing conference, scheduled pursuant to Rule 12 of the Rules of Procedure for Contested Case Hearings, Minneapolis Commission on Civil Rights (Aug. 3, 1989), the parties request mediation of their dispute, the presiding chairperson shall appoint a mediator from a rotating list consisting of those commissioners not currently on the hearing committee who meet the requirements of Rule 114.12 of the for district courts, or any other such mediator or mediation service meeting the same requirements, which is agreeable to all parties. If the dispute is mediated to resolution, and the parties sign a mediated agreement, the chairperson of the hearing shall be notified of the agreement by the mediator. The chairperson of the hearing committee shall notify the members of the hearing committee, who shall incorporate the agreement into the order by reference and shall dismiss the complaint with prejudice.

(j)   Determination prior to public hearing.  At any time after a complaint has been referred to a hearing committee, but before the public hearing has been completed, the hearing committee may issue an order dismissing a complaint because it has been conciliated, because it appears the allegations were not well founded or for any other justifiable reason. However, the hearing committee shall attach to its order written findings of fact and conclusions of law supporting the dismissal, and shall serve a copy upon all parties by mail. Any such dismissal shall be reviewable the same as any other final decision in a contested case, as provided in Chapter 14 of Minnesota Statutes.

(k)   Hearings.  

(1)   Public hearings shall be conducted by the hearing committee who shall conduct the hearing in accordance with Chapter 14 of Minnesota Statutes.

(2)   Each member of a hearing committee, review committee or a presiding officer of a prehearing conference, shall be paid fifty dollars ($50.00) per day while actually sitting and serving at the public hearing, the review hearing, the prehearing conference, or the mediation. Such committee members, presiding officers, and mediators shall be paid thirty-five dollars ($35.00) when service does not exceed four (4) hours in any one day. No fee shall be paid for any work done prior or subsequent to the holding of the public hearing, the review hearing, the prehearing conference, or the mediation, except that the presiding officer shall be paid fifty dollars ($50.00) per day, up to a maximum of two (2) days, for each day subsequent to the public hearing, when conducting legal research and preparing the findings of fact, conclusions of law and order, and the mediator shall be paid fifty dollars ($50.00) per day, up to a maximum of three (3) days, for each day of mediation, when conducting mediation and preparing the mediated agreement and order. Such fees shall be authorized by the director after being requested in writing by the member.

(3)   Whenever, in the director's judgment, a public hearing will take longer than two (2) full days to complete, the director shall certify such fact to the commission and the chairperson of the commission may appoint a hearing examiner who is a lawyer and who may or may not be a member of the commission to conduct the public hearing. In such cases, the hearing examiner shall have the same duties, obligations and powers as a hearing committee except that the hearing examiner shall be paid fifty dollars ($50.00) per day while actually sitting and serving at the public hearing and shall, in addition thereto, be entitled to fifty dollars ($50.00) per day, up to a maximum of two (2) days, for each day subsequent to the public hearing actually spent deciding the case and preparing the findings of fact, conclusions of law and order.

(l)   Subpoenas.  The chairperson of the commission, a hearing examiner or a hearing committee may, at the request of any party, apply to the district courts for subpoenas to require witnesses to appear at any regularly scheduled public hearing before a hearing committee to give testimony and to bring with them for examination any books, papers or documents relative to any verified complaint which is the subject matter of a public hearing. The chairperson of the commission may apply to the district court to punish a person who disobeys a subpoena obtained at the chairperson's request in like manner as a contempt proceeding is initiated in the district courts of this state.

(m)   Findings.  If the hearing committee finds that the respondent has engaged in discrimination, the hearing committee shall make written findings of fact and conclusions of law, and shall issue an order directing the respondent to cease and desist from the discriminatory act or practice found to exist, and to take such other affirmative action as in the judgment of the hearing committee will effectuate the purposes of this title. Such order shall be a final decision for purposes of appeal or enforcement. The hearing committee shall order any respondent found to be in violation of any provision of section 139.40 to pay a civil penalty to the City of Minneapolis. This penalty is in addition to compensatory and punitive damages to be paid to an aggrieved party. The hearing committee shall determine the amount of the civil penalty to be paid, taking into account the seriousness and extent of the violation, the public harm occasioned by the violation, whether the violation was intentional, the cost of investigation incurred by the City of Minneapolis, and the financial resources of the respondent. Any penalties imposed under this provision shall be paid into the general fund of the city. In all cases, the hearing committee may order the respondent to pay an aggrieved party, who has suffered discrimination, compensatory damages in an amount up to three (3) times the actual damages sustained. In all cases, the hearing committee may also order the respondent to pay an aggrieved party, who has suffered discrimination, damages for mental anguish or suffering and reasonable attorneys fees in addition to punitive damages in an amount not more than eight thousand five hundred dollars ($8,500.00). Punitive damages shall be awarded pursuant to Minnesota Statutes Section 549.20. In any case where a political subdivision is a respondent, the total punitive damages awarded an aggrieved party may not exceed eight thousand dollars five hundred ($8,500.00) and in that case if there are two (2) or more respondents, the punitive damages may be apportioned among them. Punitive damages may only be assessed against a political subdivision in its capacity as a corporate entity and no regular or ex officio member of a governing body of a political subdivision shall be personally liable for the payment of punitive damages pursuant to this subdivision. In addition to the aforesaid remedies, in a case involving discrimination in:

(1)   Employment:  The hearing committee may order the hiring, reinstatement or upgrading of an aggrieved party who has suffered discrimination, with or without back pay, admission or restoration to membership in a labor organization, or his or her admission to or participation in an apprenticeship training program, on-the-job training program or other retraining program, or any other relief the hearing committee deems just and equitable.

(2)   Housing:  The hearing committee may order the sale, lease or rental of the housing accommodation or other real property to an aggrieved party who has suffered discrimination, or the sale, lease or rental of a like accommodation or other real property owned by or under the control of the person against whom the complaint was filed, according to terms as listed with a real estate broker; or if no such listing has been made, as otherwise advertised or offered by the vendor or lessor, or any other relief the hearing committee deems just and equitable.

The hearing committee shall cause the findings of fact, conclusions of law and order to be served on the complainant and respondent personally, or by first class mail, and shall furnish copies to the director and the city attorney.

(n)   Respondents subject to city's licensing or regulatory power.  In the case of a respondent which is subject to the licensing or regulatory power of the City of Minneapolis or any board, commission, or agency thereof, if the hearing committee determines that the respondent has engaged in a discriminatory practice, and if the respondent does not cease to engage in such discriminatory practice, the director may so certify to the licensing or regulatory agency, unless such determination of discriminatory practice is reversed in the course of judicial review, a final determination is binding on the licensing or regulatory agency. Such agency may take appropriate administrative action, including suspension or revocation of the respondent's license or certificate of public convenience and necessity, if such agency is otherwise authorized to take such action.

(o)   If a complainant has met its burden of showing that a practice is responsible for a statistically significant adverse impact on a particular class of persons protected by section 139.40, a respondent must justify that practice by demonstrating one of the following justifications:

(1)   The practice is manifestly related to the job.

(2)   The practice is manifestly related to the product, facility or the service being offered.

(3)   The practice significantly furthers an important business purpose.

Upon establishment of this justification, the complainant may prevail upon demonstration of the existence of a comparably effective practice that the commission finds would cause a significantly lesser adverse impact on the identified protected class. (Ord. of 12-30-75, § 8; 77-Or-157, § 1, 7-29-77; 82-Or-115, § 2--4, 6-25-82; 83-Or-325, § 1, 12-30-83; 84-Or-043, §§ 2, 3, 3-30-84; 86-Or-203, § 1, 8-22-86; 87-Or-178, §§ 1, 2, 10-9-87; 88-Or-215, §§ 1, 2, 11-23-88; 89-Or-091, § 1, 5-26-89; 92-Or-064, §§ 1, 2, 5-22-92; 93-Or-133, §§ 2--5, 8-27-93; 95-Or-164, § 2, 12-29-95; 2006-Or-062, §§ 2, 3, 6-16-06)

141.60.  Civil action, judicial review and enforcement. back to top

(a)  Civil actions.  A complainant may bring a civil action at the following times:

(1)   Within forty-five (45) days after the director, a review committee or a hearing committee has dismissed a complaint for reasons other than a conciliation or mediation agreement to which the complainant is a signatory; or

(2)   After forty-five (45) days from the filing of a verified complaint if a hearing has not been held pursuant to section 141.50 and the complainant has not entered into a mediated agreement with the respondent, or the department has not entered into a conciliation agreement to which the complainant is a signator. The complainant shall notify the department of his/her intention to bring a civil action, which shall be commenced within ninety (90) days of giving the notice.

A complainant bringing a civil action shall mail, by registered or certified mail, a copy of the summons and complaint to the department and upon receipt of same, the director shall terminate all proceedings before the department relating to the complaint and shall dismiss the complaint. No complaint shall be filed or reinstituted with the department after a civil action relating to the same unfair discriminatory practice has been brought unless the civil action has been dismissed without prejudice.

(b)   Judicial review.  Any person aggrieved by a final decision of a hearing committee or a review committee in a contested case, reached after a hearing held pursuant to section 141.50, may seek judicial review in accordance with Chapter 14 of Minnesota Statutes.

(c)   Enforcement.  

(1)   When a respondent fails or refuses to comply with a final decision of a hearing committee, the director may file with the district court a petition requesting the court to order the respondent to comply with the order, thereupon the court shall issue an order to show cause directed to the respondent why an order directing compliance should not be issued. Notwithstanding the provisions of any law or rule of civil procedure to the contrary, the court shall examine at the hearing on the order to show cause all the evidence in the record and may amend the order in any way the court deems just and equitable. If the hearing committee ordered an award of damages and if the court sustains any or all of the award, it shall enter judgment on that order in the same manner as in any civil suit.

(2)   In a case involving a violation of Chapter 139.40 (e), (f), (g),or (g)(1), (h) or (i), where the case has been dual filed with the department of housing and urban development pursuant to the contractual agreement existing between the director and the department of housing and urban development and where probable cause has been found and conciliation has not been successful, the complainant may, at his/her option, elect to proceed before the commission on civil rights as specified in 141.50 (i), (j), (k), (l) and (m); or elect to bring an action in Minnesota District Court. In either instance, the city will furnish legal counsel for the complainant.

(3)   In the event that the complainant or respondent elects to bring the action in the district court, the court shall have the same authority as the commission on civil rights to award appropriate remedy and shall make such awards pursuant to 141.50 (m). (82-Or-115, § 5, 6-25-82; 84-Or-043, § 4, 3-30-84; 92-Or-064, § 3, 5-22-92; 93-Or-133, § 6, 8-27-93; 95-Or-164, § 3, 12-29-95)

141.70.  Duties of the city attorney. back to top

The city attorney shall provide sufficient staff to handle all legal matters for the commission, hearing committee, review committees and the department of civil rights. A member of the legal department shall attend public hearings at the request of a hearing committee member and shall provide legal services in the event of judicial review or enforcement of hearing committee or review committee decisions.

The city attorney shall, at the request of the director, provide an attorney to prosecute a case, as specified in 141.60 (c) (2), on behalf of the complainant before the commission on civil rights or in Minnesota District Court. (82-Or-115, § 6, 6-25-82; 92-Or-064, § 4, 5-22-92)

141.80.  Department of civil rights. back to top

(a)  Creation.  There is hereby created a department of the City of Minneapolis which shall be known as the department of civil rights, which department shall be under the direction of and responsible to the mayor.

(b)   Duties generally.  Such department shall provide all administrative services for the commission and the Minneapolis Police Civilian Review Authority.

(c)   Appointment of director; powers and duties.  The mayor shall appoint and the council shall confirm a director of such department who shall be the head of the department and such director may appoint such other employees as may from time to time be authorized by the city council. The director shall:

(1)   Complaints:  Receive verified complaints alleging discrimination from persons who believe discrimination has occurred.

(2)   Investigation:  Make such investigation as the director may deem appropriate to determine whether there is reason to believe that the allegations of discrimination are well founded.

(3)   Conciliation:  Engage in conciliation and persuasion to try to eliminate the acts or practices complained of, and may obtain as part of conciliation the administrative costs incurred by the department in handling the complaint.

(4)   Referral:  When deemed necessary, refer a complaint to the commission.

(5)   Subpoenas:  Subpoena witnesses and require the production for examination of any books, papers or documents relative to any verified charge under investigation or in question as the director deems appropriate to carry out the purposes of this title.

(6)   Enforcement of a subpoena:  

a.   Apply to the district court to punish a person who disobeys a subpoena issued by the director in like manner as a contempt proceeding is initiated in the district courts of this state.

b.   It is not a violation of rights conferred by chapter 13 or any other statute related to the confidentiality of government data for a city department or independent board or agency to provide data or information under a subpoena issued by the director under this section.

c.   A subpoena issued under this section must be served personally or by mailing a copy of the subpoena, by first class mail, postage prepaid, to the person to be served. A subpoena served by mail must include two copies of a notice and acknowledgment of service on a form to be provided by the director and a return envelope, postage prepaid, addressed to the director. If acknowledgment of service is not received by the director within twenty (20) days, service is not effective. Unless good cause is shown for not doing so, a court or administrative law judge shall order the payment of the costs of personal service by the person served if the person does not complete and return the notice and acknowledgment of receipt of the subpoena within the time allowed.

(7)   Temporary relief:  If at any time after the filing of a complaint, the director has reason to believe that a respondent has engaged in any unfair discriminatory practice, the director has determined that there is probable cause to believe that a respondent has engaged in discrimination, the director may file a petition in the district court in a county in which the subject of the complaint occurs, or in a county in which a respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determination of proceeding under this title, including an order or decree restraining the respondent from doing or procuring any act tending to render ineffectual any order the director or commission may enter with respect to the complaint. The court shall have power to grant such temporary relief or restraining order as it deems just and proper, but no such relief or order extending beyond ten (10) days shall be granted except by consent of the respondent or after hearing upon notice to the respondent and a finding by the court that there is reasonable cause to believe that the respondent has engaged in discrimination. The Minnesota Rules of Civil Procedure shall apply to such application, and the district court shall have authority to grant or deny such relief sought on such conditions as it deems just and equitable. All hearings under this section shall be given precedence as nearly as practicable over all other pending civil actions.

(8)   Leadership:  Exercise leadership under the direction of the mayor in the development of civil rights policies and programs, and make recommendations to the mayor, the commission and the city council for consideration and implementation.

(9)   Programs:  Develop and conduct programs of formal and informal education designed to eliminate discrimination and intergroup conflict, programs which will help determine compliance throughout the city with the provisions of this title, and programs which will benefit personally and economically those persons who have been subjected to discrimination.

(10)   Research:  Conduct research and study discriminatory practices.

(11)   Publications:  Furnish and distribute the results of research and study when in the judgment of the director the purposes of this title will be served thereby.

(12)   Manpower services:  To the extent permitted by federal law and regulation, utilize the records of the department of manpower services of the state when necessary to effectuate the purposes of this title.

(13)   Requests for services:  Obtain upon request and utilize the services of all city and state governmental departments and agencies.

(14)   Technical assistance:  Develop and disseminate technical assistance to persons subject to the provisions of this title, and to agencies and officers of governmental and private agencies.

(15)   Receive grants:  Receive grants and payments from public agencies and charitable nonprofit corporations and deposit them with the Minneapolis City Treasurer.

(16)   City contracts:  Adopt and promulgate, pursuant to Chapter 14 of Minnesota Statutes, suitable rules and regulations that explain which city contractors and subcontractors are subject to or exempt from the provisions of section 139.50. The procedure for adopting, amending, suspending or revoking such rules and regulations shall be that procedure set out in section 141.10. Receive complaints, investigate and monitor city contractors and subcontractors to insure that they are complying with all of the terms of this title and report the director's findings to the city council.

(17)   Issuance of charge:  Whenever the director has reason to believe that a person is engaging in an unfair discriminatory practice, the director may issue a charge stating in ordinance language an alleged violation of a particular section of section 139.40 or a violation of section 139.50. (Ord. of 12-30-75, § 9; 76-Or-172, § 2, 9-24-76; 82-Or-115, § 7, 6-25-82; 83-Or-325, § 2, 12-30-83; 92-Or-064, § 5, 5-22-92; 2003-Or-029, § 1, 3-21-03; 2006-Or-062, § 4, 6-16-06)

State law references:  Special act relating to the appointment of director of department of human rights, Laws 1969, Ch. 937; as amended by Laws 1973, Ch. 132; Laws 1974, Ch. 105; Laws 1980, Ch. 448; Laws 1983, Ch. 220 (accepted by 83-R-340 on Aug. 26, 1983); and Laws 1986, Ch. 473 (accepted by 86-R-143 on April 11, 1986).

141.90.  Conflict with state action. back to top

No matter shall be heard or complaint issued pursuant to the provisions of this title when the matter has been previously considered by the State of Minnesota Commissioner of Human Rights as a matter within the commissioner's jurisdiction. (Ord. of 12-30-75, § 10; 82-Or-115, § 7, 6-25-82; Pet. No. 249821, § 3, 7-14-89; 98-Or-042, § 1, 5-8-98)

141.100.  Continuity. back to top

Any complaints pending as of the date of this ordinance [adopted December 30, 1975] shall be processed from this date on, in conformance with the procedural and enforcement provisions of this title. The mayor shall comply with the requirement of appointing a minimum of five (5) and a maximum of seven (7) lawyers as vacancies occur or as terms of office expire. (Ord. of 12-30-75, § 11; 82-Or-115, § 7, 6-25-82)