Anti-Discrimination Center

Sec. 183.06. Prohibited acts in real property. back to top

It is an unfair discriminatory practice:

(Ord. No. 17585, § 11, 8-30-88; Ord. No. 17744, § 9, 6-26-90; Ord. No. 17930, § 10, 6-11-92; C.F. No. 93-1177, § 5, 9-9-93)

Sec. 183.16. Violation; penalty. back to top

Violation of any provision of Sections 183.03 through 183.12 hereof is a misdemeanor, and every person who knowingly participates in any prohibited act, or intentionally fails to comply with regulations issued by the human rights commission pursuant to any section of this chapter, whether as an officer, agent, manager, employee, or otherwise, is liable as a principal, and it shall be no defense that the person charged was acting in accordance with the instructions of that person's employer.
(Ord. No. 17585, § 18, 8-30-88)

Sec. 183.17. Statute of limitations. back to top

No action may be brought for civil enforcement or criminal prosecution unless the charge of alleged discriminatory practice was filed with the Saint Paul Human Rights Department within one year from the occurrence of the practice.
(Ord. No. 17585, § 25, 8-30-88)

Sec. 183.170. Filing option. back to top

A person has the option of filing a charge with either the Saint Paul Department of Human Rights or the Minnesota Department of Human Rights. The exercise of such choice in filing a charge with one agency shall preclude the option of filing the same charge with the other agency.
(C.F. No. 93-1177, § 7, 9-9-93)

Sec. 183.171. Limitations on waiver. back to top

(a) Prospective waiver prohibited. Any provision, whether oral or written, of a lease, contract or other agreement or instrument which purports to be a waiver by an individual or any right or remedy provided in this chapter is contrary to public policy and void if the waiver or release purports to waive claims arising out of acts or practices which occur after the execution of the waiver or release.

(b) Rescission of waiver. A waiver or release of rights or remedies secured by this chapter which purports to apply to claims arising out of acts or practices prior to, or concurrent with, the execution of the waiver or release may be rescinded within fifteen (15) calendar days of its execution, except that a waiver or release given in settlement of a claim filed with the department or with another administrative agency or judicial body is valid and final upon execution. A waiving or releasing party shall be informed in writing of the right to rescind the waiver or release. To be effective, the rescission must be in writing and delivered to the waived or released party either by hand or mail within the fifteen-day period. If delivered by mail, the rescission must be:

(1) Postmarked within the fifteen-day period;

(2) Properly addressed to the waived or released party; and

(3) Sent by certified mail return receipt requested.

(Ord. No. 17585, § 26, 8-30-88)

Sec. 183.18. Department of human rights and equal economic opportunity--Duties. back to top

The director of the department of human rights and equal economic opportunity shall have general supervision over all programs of the city with respect to human and civil rights, subject to policies established by the mayor, and shall, without limitations by their enumeration, have the following specific powers and duties:

(1) To foster, through education, conciliation and persuasion, the preparation of legislation and policies for action by governmental and private units, and through such other methods as the director shall deem fit, the maximum possible degree of equal opportunities and equal rights for all persons, regardless of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age, disability, marital status or status with regard to public assistance.

(2) To conduct studies regarding discrimination in employment, education, real property, public accommodations, public services, contract, franchise and related areas.

(3) To execute programs of compliance review designed to determine whether persons who contract with the city are observing the terms of this chapter; and to that end the director shall have power to require such persons to submit to the contract and analysis section manager or to the director such periodic reports concerning hiring, compensation, promotion, and discharge policies and the racial, religious and national composition of their work forces as the director shall deem necessary, and failure to provide such information shall constitute grounds for the council to revoke any contract in effect between the city and the person so failing to comply. All required reports shall be on forms prescribed by the director.

(4) To receive complaints of violations of the provisions of this chapter; investigate charges alleging unfair discriminatory practices as defined by this chapter, and determine whether or not probable cause exists for a hearing.

(5) As part of any investigation referenced in subdivision four (4) the director, or his or her designee, shall have the power to subpoena witnesses, administer oaths, take testimony, and require the production for examination of any books or papers or documents relative to any matter under investigation or in question (including writings, personnel records, drawings, graphs, charts, photographs, tape, CD, or DVD recordings, phonograph records and other materials from which information can be obtained). Disobedience of any subpoena issued under this subdivision shall be punishable pursuant to the procedures set forth in section 183.21.

(6) To enter into predetermination settlement agreements with the affected parties.

(7) To enter into conciliation agreements with the affected parties after a finding that reasonable grounds exist to believe a violation has occurred.

(8) To commence enforcement action as provided under section 183.24 where the director finds that reasonable grounds exist to believe a violation has occurred.

(9) To investigate all city contracts let directly by the city or entered into under its auspices.

(10) To supervise the affairs of the department and to appoint such other employees and agents as are necessary to carry out the duties of the department.

(11) To adopt rules and regulations to effectuate the policy set forth in section 183.01.

(12) To provide suitable staff and secretarial assistance to the commission created hereunder.

(13) The director shall prepare annually and submit a report to the mayor and council of the activities of the department and its staff with a statistical summary of all complaints received, listing the disposition of each, all speaking engagements and other educational activities of the commission and its staff, the number of commission meetings held, together with the names of those commissioners and staff in attendance, and such other information as the director shall deem appropriate. The report shall be submitted to the mayor no later than July 1 of each year. In conjunction with the human resources director's annual reporting, the human resources director shall also report information about the city's internal workforce efforts and goals to the human rights and equal economic opportunity commission.

(Ord. No. 17585, § 20, 8-30-88; Ord. No. 17744, § 13, 6-26-90; Ord. No. 17930, § 17, 6-11-92; C.F. No. 93-1177, § 8, 9-9-93; C.F. No. 01-527, § 1, 7-5-01; C.F. No. 04-163, § 1, 3-3-04; C.F. No. 08-899, § 1, 10-1-08)

Sec. 183.19. Human rights and equal economic opportunity commission. back to top

There is established within the department of human rights and equal economic opportunity a human rights and equal economic opportunity commission:

(1) The commission consists of twenty-one (21) members appointed by the mayor with the consent of the council. Members shall serve three-year terms. The initial term of the ten (10) new members expanding from the original eleven-member commission shall be as follows: four (4) shall serve one-year terms, four (4) two-year terms, and two (2) three-year terms, to provide for staggered appointments.

(2) A two-thirds majority of members serving on the commission must be residents of Saint Paul.

(3) The chairperson of the commission shall be designated by the mayor, with the approval of the council, and shall serve for a term ending on the first business day in January of each even-numbered year. In the event the acting chairperson has less than two (2) years remaining on the unexpired term as commissioner, and the current term is the third term, the chairperson will be ineligible for reappointment as chair.

(4) A quorum of the commission is eleven (11) members and any resolution, decision, or action of the commission requires an affirmative vote of eleven (11) members, except members of the commission may be removed at any time by the affirmative vote of five (5) members of the council without cause.

(5) The commission shall meet upon a regular schedule adopted by it or at the call of the chair. Notice of all meetings other than regular meetings shall be in writing and shall state the purpose of the meeting, but attendance at a meeting is a waiver of notice. Any member who misses three (3) consecutive meetings without the consent of the commission shall automatically cease to be a member of the commission.

(6) All appointments to fill vacancies shall be for the remainder of the unexpired term.

(7) The commission shall have power to receive, hear and determine complaints as provided herein, to govern its own affairs, to adopt reasonable rules of practice and procedure, and to advise the director on policies of the department. The commission shall have power to conduct such studies, hearings, and investigations and to make such recommendations as in its judgment will effectuate the policy set forth in section 183.01.

(8) In conjunction with the director's three year term, the human rights and equal economic opportunity commission shall conduct an extensive assessment of the department and director's performance. Prior to 120 days from the expiration of the director's term, the commission shall also be required to recommend to the mayor whether the director should be re-appointed.

(9) Each member of the commission, including the chair, shall be paid for attending scheduled meetings of the commission the sum of twenty-five dollars ($25.00) per meeting, the aggregate of such payments to any one (1) member for any one (1) year not to exceed the sum of six hundred dollars ($600.00).

(Ord. No. 17585, § 22, 8-30-88; Ord. No. 17930, § 18, 6-11-92; C.F. No. 08-899, § 2, 10-1-08; C.F. No. 09-543, § 1, 6-17-09)

Sec. 183.20. Enforcement procedures and requirements. back to top

(a) Any person aggrieved by a violation of this chapter may file a verified charge with the director stating the name and address of the person alleged to have committed an unfair discriminatory practice, setting out the details of the practice complained of and, if applicable, providing witnesses, documents and any other information required by the director. The director shall advise the complainant of his/her rights and obligations under the ordinance. The director may dismiss a charge when the complainant fails to provide required information, fails to cooperate with the investigation, or cannot be located by the director. The director shall serve upon the respondent by mail a copy of the charge and a request for a response to the allegations within twenty (20) days of receipt of the charge and advise the respondent of his/her rights and obligations under the ordinance. If the respondent fails to respond with a written summary of the details of the respondent's position within thirty (30) days after service of the charge, the director may, on behalf of the complaining party, bring an action for default and initiate civil enforcement before the human rights commission.

(b) Whenever the director has reason to believe that a person is engaging in an unfair discriminatory practice, the director may issue a charge stating an alleged violation of a particular section of Chapter 183.

(c) No action may be brought for civil enforcement or criminal prosecution unless a complaint of alleged discriminatory practice has been filed with the Saint Paul Human Rights Department within one year after the occurrence of the practice. The running of the one-year limitation period is suspended during the time a potential charging party and respondent are voluntarily engaged in a dispute resolution process involving a claim of unlawful discrimination under this chapter, including arbitration, conciliation, mediation or grievance procedures 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 charging party before a charge is filed or a civil action is brought shall notify the department and the charging party in writing of the participation in the process and the date the process commenced and shall also notify the department and the charging party of the ending date of the process. A respondent who fails to provide this notification is barred from raising the defense that the statute of limitations has run unless one year plus a period of time equal to suspension period has passed.

(d) The director shall promptly investigate, upon complaint or upon the director's own motion, any violations of this chapter. If, after investigation, the director shall have reason to believe a violation has occurred, the director may refer the matter to the city attorney for criminal prosecution, initiate civil enforcement procedures as herein provided, or enter into a settlement agreement.

No information or evidence obtained through a civil enforcement procedure after a formal complaint has been filed by the director shall be used or introduced in any criminal proceeding arising out of the same violation.

(e) The director shall make final administrative disposition of a complaint with one year of the receipt of the complaint, unless it is impracticable to do so. If the director is unable to do so, he/she shall notify, in writing, both the complainant and respondent of the reasons for not doing so.

(Ord. No. 17585, § 23, 8-30-88; Ord. No. 17930, § 19, 6-11-92; C.F. No. 93-1177, § 9, 9-9-93)

Sec. 183.201. Administrative appeal of no probable cause determination. back to top

(a) Within ten (10) days after receipt of notice of no probable cause determination, the complainant may request in writing that the director reconsider the decision. The complainant shall at the same time deliver or mail to the respondent a copy of the request for reconsideration. A request for reconsideration shall contain or identify and describe the relevance of one or more of the following:

(1) Evidence that was not available during the investigation;

(2) Evidence that was available during the investigation, but was not properly weighed in reaching the determination; or

(3) Statutory or case law indicating that the determination is erroneous.

(b) Within twenty (20) days after receipt of the request for reconsideration, the director shall:

(1) Affirm the determination of no probable cause;

(2) Reverse the determination of no probable cause; or

(3) Vacate the determination of no probable cause and remand the case for further investigation and issue a new determination.

The director shall, within ten (10) days of the review, notify in writing both the complainant and respondent of the decision to affirm, reverse or vacate the determination.

(Ord. No. 17930, § 20, 6-11-92)

Sec. 183.202. Suits by private parties. back to top

(1) Time frame for action. A person may bring a civil action seeking redress for an unfair discriminatory practice directly to the district court wherein the unlawful discriminatory practice is alleged to have been committed or where the respondent resides or has a principal place of business. In addition, a person may bring civil action:

(a) Within forty-five (45) days after receipt of notice that the director has dismissed a charge because it is frivolous or without merit, because:

1. The complainant has failed to provide required information;

2. The director has determined that further use of department resources is not warranted; or

3. The director has determined that there is no probable cause to credit the allegations contained in a charge filed with the director.

(b) Within forty-five (45) days after receipt of notice that the director has reaffirmed a determination of no probable cause if the complainant requested a reconsideration of the no probable cause determination or has decided not to reopen a dismissed case that the complainant has asked to be reopened; or

(c) After forty-five (45) days from the filing of a charge pursuant to Section 183.20(2), if the director has not entered into a predetermination settlement agreement to which the complainant is a party. The complainant shall notify the director of an intention to bring a civil action, which shall be commenced within ninety (90) days of giving the notice.

For the purposes of clauses (1) and (2), receipt of notice is presumed to be five (5) days from the date of service by mail of the written notice.

(2) Mixed findings. If the director has issued both probable cause and no probable cause determinations on separate issues in the same charge, the complainant may, if hearing is held, require that all matters be heard at the hearing or may bring a civil action for the no probable cause charges at the same time as the probable cause charges under the rules and time frames that govern the probable cause charges.

(3) Proper notice by complainant. A complainant bringing a civil action shall mail by registered or certified mail a copy of the summons and complaint to the director, and upon their receipt the director shall terminate all proceedings in the department relating to the charge. No charge shall be filed or reinstituted with the director after a civil action relating to the same unfair discriminatory practice has been dismissed without prejudice.

(C.F. No. 93-1177, § 10, 9-9-93)

Sec. 183.21. Enforcement and effect of subpoena. back to top

Disobedience of a subpoena shall be punishable in like manner as a contempt of the district court in proceedings instituted upon application of the director made to the district court of the county where the alleged unfair discriminatory practice in connection with a charge made by a complainant or a complaint filed by the director has occurred or where the respondent resides or has a principal place of business.
(Ord. No. 17585, § 29, 8-30-88)

Sec. 183.22. Injunctions. back to top

If, at any time after the filing of a charge, the director has reason to believe that a respondent has engaged in any unlawful discriminatory practice, the director may file a petition in the district court in the county in which the subject of the complaint occurs, or in a county in which the respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings under this chapter, including an order or decree restraining the respondent from doing or procuring an act tending to render ineffectual an order the director may enter with respect to the complaint. The court shall have power to grant temporary relief as it deems just and proper in accordance with the provisions of the Minnesota Rules of Civil Procedure. All hearings under this section shall be given precedence as nearly as practicable over all other pending civil actions.
(Ord. No. 17585, § 24, 8-30-88; C.F. No. 93-1177, § 11, 9-9-93)

Sec. 183.23. Access to case files. back to top

Access to case files shall be in accordance with Minnesota Statutes.
(Ord. No. 17585, § 30, 8-30-88)

Sec. 183.24. Civil enforcement hearing procedure. back to top

Except as otherwise provided for violation of Section 183.04, civil enforcement procedures shall be prosecuted by the director before the commission in the following manner:

(1) The director shall serve upon the respondent by certified mail a complaint, signed by the director, which shall set forth a clear and concise statement of the facts constituting the violation, set a time and place for hearing, and advise the respondent of the right to file an answer, to appear in person or by an attorney, and to examine and cross-examine witnesses.

(2) The hearing shall not be less than twenty (20) days after service of the complaint. At any time prior to the hearing, the respondent may file an answer. Facts not denied by answer shall be deemed admitted. If the answer sets out new matter, it shall be deemed denied by the director.

(3) The complaint or answer may be amended at any time prior to the hearing with the consent of the opposing party.

(4) Hearings shall be before a panel of three (3) commissioners, designated by the chair, presided over by an attorney who is not a member of the commission as chair and law officer. All members of a panel shall be paid ten dollars ($10.00) per hour spent in performance of their duties; provided, however, that the payments hereunder shall not exceed for any person one thousand five hundred dollars ($1,500.00) per year. The law officer shall rule on all legal questions presented but shall not participate in the panel's deliberations. The parties shall not be bound by the Minnesota Rules of Evidence and the law officer may admit evidence which possesses probative value commonly accepted by reasonable prudent persons in the conduct of their affairs. The law officer shall give effect to the rules of privilege recognized by law and may exclude incompetent, irrelevant, immaterial and repetitive evidence.

(5) The director may obtain subpoenas from the district court to compel the attendance of witnesses and the production of documents at any hearing.

(6) If, after hearing, the panel shall conclude that a violation has occurred, it shall prepare an order which may require the respondent to pay a complainant, who has suffered discrimination, compensatory damages in an amount up to three (3) times the actual damages sustained. The panel may also order the respondent to pay a complainant who has suffered discrimination, damages for mental anguish or suffering, in addition to punitive damages in conformance with Minnesota laws.

The order may include provisions which require the respondent to rent, sell or lease particular real property to the complainant, place or reinstate him or her in a particular job with or without back pay, file periodic compliance reports, or to do any other thing as may be just. If a lessor, after engaging in a discriminatory practice defined in Section 183.06, leases or rents a dwelling unit to a person who has no knowledge of the practice or of the existence of a charge with respect to the practice, the lessor shall be liable for actual damages sustained by a person by reason of a final order requiring the person to be evicted from the dwelling unit. The panel's order may also require the respondent to pay for investigation and enforcement costs and reasonable city attorney's fees.

(7) The commission shall adopt policies which may provide sanctions for intentional and/or frivolous delay caused by a complainant or respondent in an investigation, hearing or any other aspect of proceedings before the department under this chapter.

(8) The panel's findings of fact and order shall be served on the complainant and respondent and each member of the commission by mail and shall become the findings and order of the commission and the department unless within thirty (30) days after mailing of the findings and order, the commission shall revoke or amend the order and/or findings. Whether or not the commission revokes or amends the findings and order of the panel, the complainant and respondent shall be served by mail with the final order of the commission after the expiration of the thirty (30) days from the service of the panel's findings and order.

(9) Any indigent respondent subject to a complaint filed by the director who appears at a hearing or hearings thereon before the commission or a panel thereof shall be entitled to have reasonable attorneys' fees, not to exceed three hundred fifty dollars ($350.00), arising out of preparation for or appearance at such commission or panel hearing or hearings, paid from the funds of the department at the conclusion of proceedings in the case.

(10) When the director determines that violation of Section 183.04 has occurred, the director shall serve on the respondent by certified mail, in addition to those notices required by subsection (1) of this section, a copy of the director's proposed findings and application for an order enforcing such findings. The director's proposed findings and proposed order shall also be served upon each member of the commission. The commission, at a public hearing held for this purpose, shall review the director's proposed order and may modify it in any manner as may be just. For purposes of obtaining judicial review by any respondent aggrieved hereunder, administrative remedies shall be deemed exhausted and the order of the commission shall be deemed final upon issuance.

(11) In the case of a respondent which is subject to the licensing or regulatory power of the city or agency thereof, if the panel 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.

(Ord. No. 17585, § 27, 8-30-88; Ord. No. 17930, § 21, 6-11-92; C.F. No. 93-1177, § 12, 9-9-93)

Sec. 183.25. Judicial enforcement and review. back to top

The director may obtain judicial review and enforcement of predetermination settlement agreements and conciliation agreements to which the director is a party and commission orders. Any party aggrieved may obtain judicial review in the manner provided by the Laws of Minnesota for 1965, Chapter 866. Any petition for judicial review must be scheduled for a hearing before the district court in special term no later than sixty (60) days after the filing of such petition.
(Ord. No: 17585, § 28, 8-30-88; Ord. No. 17930, § 22, 6-11-92)

Sec. 183.26. Construction. back to top

The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof. Nothing contained in this chapter shall be deemed to repeal any of the provisions of the civil rights law or of any other law of this city relating to discrimination because of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, age, disability, marital status, or status with regard to public assistance.
(Ord. No. 17585, § 31, 8-30-88; Ord. No. 17744, § 14, 6-26-90)

Sec. 183.27. Legal counsel for department and commission. back to top

(1) The city attorney shall provide legal counsel for the department and the commission.

(2) The city attorney shall provide legal counsel to the department, at no cost to the complainant, in a case in which the director has reason to believe that injunctive relief is appropriate or has found probable cause that a violation of Chapter 183 has occurred.

(3) At the time the director initiated civil enforcement procedures in a case involving a violation of Section 183.06, and where such case has been dually filed with the Department of Housing and Urban Development as a violation of Title VIII of the Fair Housing Act prohibiting discrimination in housing pursuant to the contractual agreement between the director and the Department of Housing and Urban Development, the director shall notify the complainant of the procedures and of the complainant's option to proceed with the charge before the Saint Paul Human Rights Commission or the Minnesota District Court.

(Ord. No. 17585, § 32, 8-30-88; C.F. No. 93-1177, § 13, 9-9-93)