St. Paul, MN Human Rights
Type: Municipal Code
Status: Adopted on 8/30/98
Source File: (Missing)
Sec. 183.01. Declaration of policy.
The council finds that discrimination in employment, education, real property, public accommodations, public services, contract, and franchise based on race, creed, religion, sex, sexual or affectional orientation, color, national origin, ancestry, familial status, age, disability, marital status or status with regard to public assistance adversely affects the health, welfare, peace and safety of the community. Persons subject to such discrimination suffer depressed living conditions, poverty and lack of hope, injuring the public welfare, placing a burden upon the public treasury to ameliorate the conditions thus produced, and creating conditions which endanger the public peace and order. The public policy of Saint Paul is to foster equal opportunity for all to obtain employment, education, real property, public accommodations, public services, contract and franchise without regard to their race, creed, religion, sex, sexual or affectional orientation, color, national origin, ancestry, familial status, age, disability, marital status or status with regard to public assistance, and strictly in accord with their individual merits as human beings. (Ord. No. 17585, § 1, 8-30-88; Ord. No. 17744, § 1, 6-26-90; Ord. No. 17930, § 1, 6-11-92)
Sec. 183.02. Definitions.
For the purposes of this chapter, the terms defined in this section shall have the meanings ascribed to them in this section: (1) Age. Prohibitions of discriminatory practices with regard to age shall be limited to persons who have passed the age of majority, which is eighteen (18).
(2) Closed case file means a file containing human rights investigative data in which an order or other decision resolving the alleged or suspected discrimination has been made or issued by the director, a panel of three (3) commissioners, or a court, and the time for any reconsideration of or appeal from the order or decision has expired.
(3) Confidential, private, and public data on individuals and protected nonpublic data not on individuals, and any other terms concerning the availability of civil rights investigative data have the meanings provided them by Minnesota Statutes, Section 13.02 of the Minnesota Government Data Practices Act.
(4) Disability means any condition or characteristic that renders a person a disabled person. A disabled person is any person who:
(a) Has a physical, sensory, or mental impairment which materially limits one (1) or more of such person's major life activities;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment.
(5) Discriminate or discrimination includes all unequal treatment of any person by reason 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. For purposes of discrimination based on sex, it includes sexual harassment.
(6) Education includes all educational services and all other services offered by educational institutions, whether organized for profit or otherwise, which are open to or solicit the patronage of the general public.
(7) Elderly person means a person who is at least fifty-five (55) years of age.
(8) Employee includes every person who works for wages, salary, or commissions or any combination thereof, and in context the term also includes those who are seeking or applying for employment.
(9) Employer includes all persons, firms, or corporations, wherever situated, who employ one (1) or more employees within the city, or who solicit individuals within the city to apply for employment within the city or elsewhere; the term includes the city itself, the board of education, and all other political subdivisions, public corporations, and governmental units conducting any activity within the city. An employer includes a person, firm or corporation which hires temporary employees through an employment service.
(10) Employment agency includes all persons, firms, or corporations, including government agencies and charitable institutions, who with or without compensation undertake to refer persons to potential employment.
(11) Familial status means the condition of one (1) or more minors being domiciled with their parent or parents or legal guardian or the designee of the parent or parents or guardian. The protection afforded against discrimination on the basis of familial status applies 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.
(12) Human rights investigative data means tape recordings or written documents issued or gathered by the department for the purpose of investigating and litigating alleged or suspected discrimination.
(13) Labor union includes any formal or informal organization which includes among its purposes the representation of one (1) or more employees of an employer or employers with respect to wages, hours, working conditions or grievances.
(14) Marital status means whether a person is single, married, remarried, divorced, separated or a surviving spouse and, in employment cases, including protection against discrimination on the basis of the identity, situation, actions or beliefs of a spouse or former spouse.
(15) Open case file means a file containing human rights investigative data in which no order or other decision resolving the alleged or suspected discrimination has been issued by the director, a panel of three (3) commissioners, or a court, or a file in which an order or other decision has been issued but the time for any reconsideration or appeal of the order or decision has either not yet expired or the reconsideration or appeal is then pending.
(16) Person includes individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, receivers, political subdivisions, boards, commissions, and their officers and agents.
(17) Physical access means the absence of physical obstacles that limit a disabled person's opportunity for full and equal use of or benefit from goods, services and privileges; or, when necessary the use of methods to overcome the discriminatory effect of physical obstacles. The methods may include redesign of equipment, assignment of aides or use of alternate accessible locations. (18) Program access means:
(a) The use of auxiliary aids or services to ensure full and equal use of or benefit from goods, services and privileges; and
(b) The absence of criteria or methods of administration that directly, indirectly or through contractual or other arrangements have the effect of subjecting qualified disabled persons to discrimination on the basis of disability, or have the effect of defeating or impairing the accomplishment of the objectives of the program.
(19) Public accommodations include every business accommodation, refreshment, entertainment, recreation, or transportation facility, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold or otherwise made available to the public. By way of example, but not of limitation, "public accommodation" includes facilities of the following types:
(a) A facility providing service relating to travel or transportation;
(b) A barber shop, beauty shop, bathhouse, swimming pool, gymnasium, reducing salon, or other establishment conducted to serve the health, appearance or physical condition of the individual;
(c) A comfort station, dispensary, clinic, hospital, convalescent or nursing home or other institution for the ill or infirm, or a mortuary;
(d) A hotel, motel, resort, restaurant or trailer park.
However, nothing in this chapter shall prohibit discrimination on the basis of sex in such facilities as rest rooms, locker rooms and other similar places.
(20) Public services include any public facility, department, agency, board or commission operated or managed by or on behalf of the City of Saint Paul, and any public facility, department, agency, board or commission operated by any other unit of government which does business in or provides public services in the City of Saint Paul or to the residents of the City of Saint Paul.
(21) Qualified disabled person means:
(a) With respect to employment, a disabled person who, with reasonable accommodation, can perform the essential functions required of all applicants for the job in question; and
(b) With respect to services and programs, a disabled person who, with physical and program access, meets the essential eligibility criteria required of all applicants for the program or service in question. For purposes of this definition, 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 the health or safety of others or would result in substantial physical damage to or unlawful conversion of the property of others. If a respondent contends that the person is not a qualified disabled person, the burden is on the respondent to prove that it was reasonable to conclude the disabled person, 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.
(22) Real estate broker or salesperson means, respectively, a real estate broker as defined by Minnesota Statutes, Section 82.17, subdivision 4 and a real estate salesperson as defined by Minnesota Statutes, Section 82.17, subdivision 5.
(23) Real property includes real estate, tenements and hereditaments, corporeal and incorporeal.
(24) Sex means being identified as having or being perceived as having male or female characteristics and encompasses, but is not limited to, pregnancy, childbirth, disabilities related to pregnancy or childbirth, and sexual harassment.
(25) Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical contact or other verbal or physical conduct or communication of a sexual nature when:
(a) Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment, public accommodations or public services, education, or housing;
(b) Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment, public accommodations or public services, education, or housing; or
(c) That conduct or communication has the purpose or effect of substantially interfering with an individual's employment, public accommodations or public services, education, or housing, or creating an intimidating, hostile, or offensive employment, public accommodations, public services, educational, or housing environment; and in the case of employment, the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action. When employment opportunities or benefits are granted because of an individual's submission to the employer's sexual advances or requests for sexual favors, the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity or benefit. (26) Sexual or affectional orientation means having or being perc eived as having an emotional or physical attachment to another consenting adult person or persons, 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 one's biological femaleness.
(27) Status with regard to public assistance means 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. No. 17585, § 2, 8-30-88; Ord. No. 17744, § 3, 6-26-90; Ord. No. 17930, § 2, 6-11-92; C.F. No. 92-970, §, 8-20-92; C.F. No. 93-1177, § 1, 9-9-93; C.F. No. 95-1280, § 1, 11-8-95)
Sec. 183.03. Prohibited acts in employment.
Except when based on a bona fide occupational qualification, it shall be unlawful:
(1) For a labor union to discriminate by doing any of the following:
a. To deny full and equal membership rights to an applicant for membership or a member;
b. To expel a member from membership;
c. To discriminate against a member or applicant with respect to hire, tenure, referral, apprenticeship, compensation, terms, upgrading or other conditions or privileges of employment;
d. To fail to classify properly or refer for employment or otherwise to discriminate against a person or member. (2) For an employer to discriminate in any of the following:
a. To refuse to hire an applicant for employment;
b. To discharge an employee;
c. To discriminate against an employee with respect to hire, tenure, referral, apprenticeship, compensation, terms, upgrading, or other conditions or privileges of employment;
d. To do or commit any other act with respect to an employee or applicant.
(3) For an employment agency to discriminate by doing any of the following:
a. To refuse or fail to accept, register, properly classify or refer for employment any person; or
b. To comply with any request by an employer for referral of applicants if the request indicates directly or indirectly that the employer fails to comply with the requirements of this chapter;
c. To do or to commit any other act with respect to an applicant for referral or employment.
(4) For an employer, employment agency or labor organization, before a person is employed by an employer or admitted to membership in a labor organization:
a. To require or request any applicant or employee to furnish information respecting their race, creed, religion, color, sex, sexual or affectional orientation, familial status, national origin, ancestry, age, disability, marital status or status with regard to public assistance, except where required by a governmental agency; or, subject to section 183.031(2), to require or request a person to undergo physical examination; unless for the sole and exclusive purpose of national security, information pertaining to national origin is required by the United Sates, this state or a political subdivision or agency of the United States, or for the sole and exclusive purpose of complying with the public contracts or any rule, regulation or law of the United States or of this state requiring the information or examination. A law enforcement agency may, after notifying an applicant for a peace officer or part-time officer position, that the law enforcement agency is commencing the background investigation on the applicant, request the applicant's date of birth, gender and race on a separate form for the sole and exclusive purpose of conducting a criminal history check, a driver's license check and fingerprint criminal history inquiry. The form shall include a statement indicating why the data is being collected and what its limited use will be. No document which has date of birth, gender or race information will be included in the information given to or available to any person who is involved in selecting the person or persons employed other than the background investigator. No person may act both as background investigator and be involved in the selection of an employee, except that the background investigator's report about background may be used in that selection as long as no direct or indirect references are made to the applicant's race, age or gender; or
b. To seek and obtain, for the purpose of making a job decision, information from any source that pertains to race, creed, religion, color, sex, sexual or affectional orientation, familial status, national origin, ancestry, age, disability, marital status or status with regard to public assistance; unless for the sole and exclusive purpose of complying with the public contracts act or any rule, regulation or law of the United States or this state requiring the information.
(5) For any person to discriminate by circulating or publishing any notice or advertisement relating to employment or membership in a labor union which indicates, directly or indirectly, any orientation, limitation, specification or discrimination. Any individual who is required or requested to provide information that is prohibited by this subsection is an aggrieved party under section 183.20.
(6) For an employer, employment agency or 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 accommodation under subsection (7).
(7) For an employer with twenty-five (25) or more permanent, full-time employees effective until June 30, 1994, and with fifteen (15) or more permanent full-time employees effective July 1, 1994, an employment agency or a labor organization not to make reasonable accommodation to the known disability of a qualified disabled person, job applicant or a pregnant employee or job applicant who presents written documentation from her health provider that she is unable to safely continue to perform her usual job duties unless the employer, agency or organization can demonstrate that the accommodation would impose an undue hardship on the business, agency or organization. "Reasonable accommodation" means steps which must be taken to accommodate the known physical or mental limitations of a qualified disabled person. "Reasonable accommodation" may include, but is not limited to, nor does it necessarily require:
a. Making facilities readily accessible to and usable by disabled persons; and
b. 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 business or organization, factors to be considered include:
i. The overall size of the business or organization with respect to the number of employees or members and the number and type of facilities;
ii. The type of the operation, including the composition and structure of the work force, and the number of employees at the location where the employment would occur;
iii. The nature and cost of the needed accommodation;
iv. The reasonable ability to finance the accommodation at each site of business; and
v. Documented good faith efforts to explore less restrictive or less expensive alternatives, including consultation with the disabled person or with knowledgeable disabled persons or organizations. 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.
The provisions of this section shall apply to a joint labor-industry apprenticeship committee or board and to each individual member thereof notwithstanding the employer members of such committee or board are not in fact the employer of an apprentice against whom an act of discrimination has been committed, to the extent the members of such committee or board participate in the act of discrimination.
(Ord. No. 17585, § 3, 8-30-88; Ord. No. 17744, § 4, 6-26-90; Ord. No. 17930, § 3, 6-11-92; C.F. No. 93-1177, § 2, 9-9-93)
Sec. 183.0301. Disclosure of medical information.
If any health care record or medical information adversely affects any hiring, firing or promotional decision concerning an applicant or employee, the employer must notify the affected party of that information in writing within ten (10) days of the final decision. (Ord. No. 17930, § 4(183.03a), 6-11-92)
Editor's note--Ord. No. 17930, § 4, adopted June 11, 1992, added provisions designated as a new § 183.03a. In order to more closely conform to the numbering style implemented throughout the Legislative Code, the editor has redesignated these provisions as § 183.0301.
Sec. 183.031. Employment exemptions.
(a) The provisions of section 183.03 shall not apply to:
(1) The employment of any individual by his/her parent, grandparent, spouse, child or grandchild or in the domestic service of any person;
(2) A religious or fraternal corporation, association or society, with respect to qualifications based on religion, when religion shall be a bona fide occupational qualification for employment;
(3) The employment of one (1) person in place of another, standing by itself, shall not be evidence of an unfair discriminatory practice;
(4) An age restriction applied uniformly and without exception to all individuals established by a bona fide apprenticeship program pursuant to Minnesota Statutes, Chapter 178, which limits participation to persons who enter the program prior to some specified age and the trade involved in the program predominantly consists of heavy physical labor or work on high structures;
(5) Neither shall the operation of a bona fide seniority system which mandates differences in such things as wages, hiring priorities, layoff priorities, vacation credit, and job assignments based on seniority be a violation of the age discrimination provisions of this chapter, so long as the operation of such system is not a subterfuge to evade the provisions of this chapter;
(6) With respect to age discrimination, a practice whereby a labor organization or employer offers or supplies varying insurance benefits or other fringe benefits to members or employees of differing ages, so long as the cost to the labor organization or employer for such benefits is reasonably equivalent for all members or employees;
(7) A restriction imposed by state statute, home rule charter, ordinance or civil service rule, and applied uniformly and without exception to all individuals, which established a maximum age for entry into employment as a peace officer or firefighter;
(8) By law or published retirement policy, a mandatory retirement age may be established without being a violation of this chapter if it is established consistent with Minnesota Statutes, Section 181.81. Nothing in this chapter nor in Minnesota Statutes, Section 181.81 shall prohibit employee pension retirement plans from granting pension credit to employees over the age of sixty-five (65) at a lesser rate than is granted to other employees; provided that in no event may an employee's accumulated pension credits be reduced by continued employment, and further provided that no other state or federal law is violated by the reduced rate of pension credit accrual. Nothing in this chapter shall be construed to prohibit the establishment of differential privileges, benefits, services or facilities for persons of designated ages if:
a. Such differential treatment is provided pursuant to statute; or
b. The designated age is greater than fifty-nine (59) years or less than twenty-one (21).
Clause b. above does not apply to hiring, tenure, compensation, upgrading or conditions of employment.
(9) Nothing in this chapter concerning age discrimination shall be construed to validate or permit age requirements which have disproportionate impact on persons of any class otherwise protected by this chapter. (b) It is not a violation of this chapter for an employer, employment agency or labor organization:
(1) To require or request a person to undergo physical examination, which may include a medical history, for the purpose of determining the person's capability to perform available employment, provided: a. That an offer of employment has been made on condition that the person meets the physical and mental requirements of the job, except that a law enforcement agency filling a 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. That the examination tests only for essential job-related abilities; and
c. That the examination, unless limited to determining whether the person's disability would prevent performance on the job, is required of all persons conditionally offered employment for the same position regardless of disability; or
(2) With the consent of the employee, after employment has commenced, to obtain additional medical information for the purposes of assessing continuing ability to perform the job and employee health insurance eligibility or for the purposes mandated by state or federal law;
(3) To administer pre-employment tests, provided that the tests measure only essentially job-related abilities; are required of all applicants for the same position regardless of disability unless limited to determining whether the person's disability would prevent performance on the job; and accurately measure the applicant's aptitude, achievement level, or whatever factors they purport to measure rather than reflecting the applicant's impairment of sensory, manual or speaking skills, except when those skills are the factors the tests purport to measure;
(4) To limit 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; or
(5) To provide 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.
(c) Nothing in this chapter shall be construed to prohibit any program, service, facility or privilege afforded to a person with a disability which is intended to habilitate, rehabilitate or accommodate that person. It is a defense to a complaint brought under the employment provisions of this chapter that the person bringing the complaint or action has a disability which in the circumstances and even with reasonable accommodation, as defined in section 183.03(7), poses a serious threat to the health or safety of the disabled person or others. The burden of proving this defense is upon the respondent. (Ord. No. 17585, § 4, 8-30-88; Ord. No. 17930, § 5, 6-11-92)
Sec. 183.04. Affirmative action requirements in employment.
All city contracts shall include the following provisions, which may be incorporated by reference to this section: (1) The contractor will not discriminate against any employee or applicant for employment. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without discrimination. Such action will include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate 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 department of human rights setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or in behalf of the contractor, state that all qualified applicants will receive consideration for employment without discrimination.
(3) The contractor will send to each labor union or representative of workers with which the contractor has a collective bargaining agreement, other contract or understanding a notice to be provided by the director of human rights advising the labor union and the worker's representative of the contractor's commitment under this ordinance 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 this chapter of the Saint Paul Legislative Code, and of the rules, regulations and relevant orders of the human rights commission issued pursuant thereto.
(5) The contractor will furnish all information and reports required by this chapter, and by the rules, regulations and orders of the human rights commission issued pursuant thereto, and will permit access to the contractor's books, records and accounts by the department of human rights for the purpose of investigations to ascertain compliance with such rules, regulations and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be terminated or suspended in whole or in part, and the contractor may be declared ineligible for further city contracts, and such other sanctions may be imposed and remedies invoked as provided by this chapter of the Saint Paul Legislative Code, or by rule, regulation or order of the human rights commission, or as otherwise provided by law. (7) The contractor will include the provisions of this chapter in every subcontract so that such provisions will be binding upon each subcontractor.
(8) Each contractor having a contract with the city shall file and shall cause each of the contractor's subcontractors to file compliance reports with the department of human rights as may be required by the director. Compliance reports shall be filed within such time and shall contain such information as to the practice, policies, programs and employment policies and employment statistics of the contractor and each subcontractor and shall be in such form as the director of the department of human rights may prescribe with the approval of the human rights commission.
(9) In any contract with the city subject also to the requirements of Executive Order 11246 for the filing of "compliance reports" or such other information and reports as may be required by the government of the United States in providing for equal opportunity in federal employment, proof of satisfaction of such federal requirements shall be deemed and considered as full compliance with the requirements of subsections (1), (2), (3), (8) and (9) of this section.
(10) The director of the department of human rights shall be responsible for the administration and enforcement of this section pursuant to such rules, regulations and orders as the human rights commission may deem necessary and appropriate to achieve the purpose of this section. Failure to comply with such rules, regulations and orders shall be subject to the civil and criminal enforcement provisions of this ordinance. (Ord. No. 17585, § 5, 8-30-88; Ord. No. 17744, § 5, 6-26-90; Ord. No. 17930, § 6, 6-11-92)
Sec. 183.041. Prohibited acts regarding set-aside.
In all contracts let by the city or entered into under its auspices, it shall be unlawful to discriminate in any manner on grounds of race, creed, religion, color, sex, national origin, ancestry, age, disability, marital status or status with regard to public assistance. (Ord. No. 17585, § 6, 8-30-88; Ord. No. 17720, § 1, 4-17-90)
Sec. 183.05. Prohibited acts in education.
It shall be unlawful:
(1) To discriminate in any manner with respect to access to, use of or benefit from any institution of education or services and facilities rendered in connection therewith, except that a school operated by a religious denomination may require membership in such denomination as condition of enrollment.
(2) To discriminate against a person enrolled as a student by excluding, expelling or taking other actions against them.
(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 that indicates discrimination against a person seeking admission.
(4) To fail to ensure physical and 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. (Ord. No. 17585, § 7, 8-30-88; Ord. No. 17744, § 6, 6-26-90; Ord. No. 17930, § 7, 6-11-92)
Sec. 183.051. Education exemptions.
(a) It is not an unfair discriminatory practice for a religious or denominational institution to limit admission or give preference to applicants of the same religion. The provisions of section 183.05 relating to sex shall not apply to a private educational institution, or branch or level of a private educational institution, in which students of only one (1) sex are permitted to enroll. Nothing in this chapter shall be construed to require any educational institution to provide any special service to any individual person because of the disability of such person or to modify in any manner its buildings, grounds, facilities or admission procedures because of the disability of any such person. Nothing in this chapter shall prohibit an educational institution from discriminating on the basis of academic qualifications or achievements or requiring from applicants information which relates to academic qualifications or achievements.
(b) It is not an unfair discriminatory practice for an educational institution or a public service to operate or sponsor separate athletic teams and activities for members of each sex or to restrict membership on an athletic team to participants of one (1) sex, if this separation or restriction meets the requirements of Minnesota Statutes, Section 126.21.
(c) The department of human rights shall investigate all charges alleging sex discrimination in athletic programs in educational institutions and public services pursuant to the standards and requirements of Minnesota Statutes, Section 126.21 and the procedures enumerated in this chapter.
(d) Nothing in this chapter restricts or limits the rights, procedures and remedies available under Section 504 of the Rehabilitation Act of 1973, United States Code, Title 29, Section 794, or the Education of the Handicapped Act, United States Code, Title 20, Sections 1401 and following. (Ord. No. 17585, § 8, 8-30-88)
Sec. 183.06. Prohibited acts in real property.
It is an unfair discriminatory practice:
(1) For an owner, lessee, sublessee, assignee, or managing agent of or other person having the right to sell, rent or lease any real property, or any agent of any of these:
a. To discriminate by refusing to sell, rent, lease or otherwise deny to or withhold from any person or group of persons any real property, or by representing 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 property or any facilities of real property to or from any person or group of persons; or
b. To discriminate against any person or group of persons in the terms, conditions or privileges of the sale, rental or lease of any real property or in the full and equal enjoyment of services, facilities, privileges and accommodations or in the furnishing of facilities or services in connection therewith; except that nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended to protect the safety of minors in their use of the real property or any facilities or services furnished in connection therewith; or
c. In any transaction involving real property, to make statements, 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 real property, or make any record or inquiry in connection with the prospective purchase, rental or lease of real property which indicates any preference, limitation, or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to elderly persons only if the dwelling meets the federal requirements of exempt housing for the elderly; or
d. For a person to coerce, intimidate, threaten, or interfere with a person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged a third person in the exercise or enjoyment of, any right granted or protected by this subdivision.
(2) For a developer, real estate broker, real estate salesperson, appraiser, or other person having the right to sell, rent or lease property, or employee or agent thereof:
a. To discriminate by refusing to sell, rent or lease, or to offer for sale, rental or lease, any real property to any person or group of persons or to negotiate for the sale, rental or lease of any real property to any person or group of persons; or to discriminate by representing 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;
b. 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; or
c. To make statements, 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 in connection with the prospective purchase, rental or lease of any real property which indicates any preference, limitation or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to elderly persons only if the dwelling meets the federal requirements of exempt housing for the elderly.
(3) For a person, bank, banking organization, mortgage company, insurance company or other financial institution or lender to dissuade a person from making an application or to whom application is requested or made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance of any real property or any agent or employee thereof:
a. To discriminate against any person or group of persons in the granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions or privileges of the financial assistance or in the extension of services in connection therewith;
b. To use any form of application for the financial assistance or make any record or inquiry in connection with the applications for the financial assistance which discriminates or expresses any intent to discrimination; or
c. 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 or rural area, or any part thereof, solely 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 the financial assistance, or in the extension of services in connection therewith.
(4) For any developer, real estate broker, real estate salesperson, appraiser, or other person having the right to sell, rent or lease real property, or employee or agent thereof for the purpose of inducing a real property transaction from which the person, the 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, creed, religion, color, national origin, ancestry, familial status, sex, sexual or affectional orientation, marital status, status with regard to public assistance or disability of the owners or occupants in the block, neighborhood or area in which the real property is located, or 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.
(5) For a multiple listing service, real estate brokers' organization or facility related the business of selling or renting dwellings to discriminate against a person in the terms or conditions of access, membership or partnership. Prohibited actions under this section include, but are not limited to:
a. Setting different fees for access to or membership in a multiple listing service;
b. Denying or limiting benefits accruing to members in a real estate brokers' organization;
c. Imposing different standards or criteria for membership in a real estate sales or rental organization; or
d. Establishing geographic boundaries, office locations or residence requirements for access to or membership or participation in any multiple listing service, real estate brokers' organization or facility relating to the business of selling or renting dwellings.
(6) For a person to deny a totally or partially blind, physically handicapped or deaf person with a service dog full and equal access to real property provided for in this section. The person may not be required to pay extra compensation for the service dog but is liable for damage done to the premises by the service dog.
(7) For a person to coerce, intimidate, threaten or interfere with a person in the exercise or enjoyment of, or on account of that person having aided or encouraged a third person in the exercise or enjoyment of, any right granted or protected by this section.
(8) For an owner or managing agent of any rental property, condominium or townhouse complex, condominium association, real estate developer, architect, or any other housing provider:
a. To refuse to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the disabled person if modifications are necessary to afford the disabled person full enjoyment of the premises; an owner 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;
b. To refuse to make reasonable accommodations in rules, policies, practices or services, when accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling; or in connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, to fail to design and construct those dwellings in a manner that:
1. The public use and common use portions are readily accessible to and usable by a disabled person;
2. All the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by disabled persons in wheelchairs; and
3. All premises contain the following features of adaptive design: at least one (1) building entrance on an accessible route into and through the dwelling; light switches, electrical outlets, thermostats and other environmental controls in accessible locations; reinforcements in bathroom walls to allow later installation of grab bars; and usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.
(9) As used in this subdivision, the term "covered multifamily dwelling" means:
a. A building consisting of four (4) or more units if the building has one (1) or more elevators; and
b. Ground floor units in other buildings consisting of four (4) or more units.
(10) This subdivision does not invalidate or limit any law of the state or political subdivision of the state, or other jurisdiction in which this subdivision applies, in a manner that affords disabled persons greater access than is required by this subdivision.
(11) This subdivision does not require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health and safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
(12) Notwithstanding the provisions of any law, ordinance or home rule charter to the contrary, no person shall be deemed to have committed an unfair discriminatory practice based upon age if the unfair discriminatory practice alleged is attempted or accomplished for the purpose of obtaining or maintaining one (1) of the exemptions provided for a dwelling unit provided for in section 183.061.
(Ord. No. 17585, § 9, 8-30-88; Ord. No. 17724, § 7, 6-26-90; Ord. No. 17930, § 8, 6-11-92; C.F. No. 93-1177, § 3, 9-9-93; C.F. No. 95-1280, § 2, 11-8-95)
Sec. 183.061. Real property exemptions.
(a) The provisions of section 183.06 prohibiting discrimination because of familial status shall not be construed to defeat the applicability of any local or state restrictions regarding the maximum number of occupants permitted to occupy a dwelling unit, if the occupancy restrictions are reasonably consistent with the Federal Fair Housing Act, and shall not apply to:
(1) Any owner-occupied building containing four (4) or fewer dwelling units; or rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one (1) of such living quarters as his/her residence; or
(2) Housing for elderly persons. "Housing for elderly persons" means housing:
a. Provided under any state or federal program that the director determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program;
b. Is intended for, and solely occupied by, persons sixty-two (62) years of age or older; or
c. Intended and operated for occupancy by at least one (1) person fifty-five (55) years of age or older per unit; provided, that: 1. There are significant facilities and services specifically designed to meet the physical and social needs of older persons, or if the provision of the facilities and services is not practicable, that the housing is necessary to provide important housing opportunities for older persons;
2. At least eighty (80) percent of the units are occupied by at least one (1) person fifty-five (55) years of age or older per unit; and 3. There is publication of, and adherence to, policies and procedures that demonstrate an intent of 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 elderly persons if all new residents as of September 13, 1988, meet the age requirements of clause (a)(2)a. and b. 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 clause (a)(2)a. or b.
(b) The provisions of section 183.06 of this Legislative Code shall not apply to:
(1) Rooms in a community residential facility as defined in section 60.203 of the Legislative Code; or group foster home as defined in section 60.206; freestanding foster care home as defined in section 60.412(8); shelter for battered person as defined in sections 60.219 and 60.412(13); or transitional housing facility as defined in section 60.220 of the Legislative Code if the treatment is based on sex for the purpose of protecting personal privacy and/or safety; or
(2) The rental of rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies one (1) of such living quarters as his/her residence. This chapter shall not be construed to relieve any person or persons of any obligations generally imposed on all persons regardless of any disability in written lease, rental agreement or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including financial obligations of the lease, agreement or contract. (Ord. No. 17585, § 10, 8-30-88; Ord. No. 17744, § 8, 6-26-90; Ord. No. 17930, § 9, 6-11-92; C.F. No. 92-970, §§ 3, 4, 8-20-92; C.F. No. 93-1177, § 4, 9-9-93)
Sec. 183.07. Prohibited acts in public accommodations. It shall be unlawful:
(1) To discriminate with respect to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of a place of public accommodation. It is an unfair discriminatory practice for a taxicab company or taxicab driver to discriminate in the access to, full utilization of or benefit from service because of a person's disability.
(2) For a place of public accommodation not to make reasonable accommodation to the known physical disability of a disabled person. 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 the 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 disabled persons will be further served from the accommodation;
d. The type of operation;
e. The nature and amount of both direct cost and legitimate indirect cost of making the accommodation and the reasonableness for that location to finance the accommodation;
f. The extent to which any person may be adversely affected by the accommodation. State and 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. (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. 183.08. Prohibited acts in public services.
It is an unfair discriminatory practice:
(1) To discriminate against any person in the access to, admission to, impartial and equal administration of, full utilization of or benefit from any public service or to fail to ensure physical and program access for disabled persons unless the public service can demonstrate that providing the access would impose an undue hardship on its operation. In determining whether providing physical and program access would impose an undue hardship, factors to be considered include:
a. The type and purpose of the public service's operation;
b. The nature and cost of the needed accommodation;
c. Documented good faith efforts to explore less restrictive or less expensive alternatives; and
d. The extent of consultation with knowledgeable disabled persons and organizations.
(2) For public transit services to discriminate in the access to, full utilization of, or benefit from service because of a person's disability. Public transit services may use any of a variety of methods to provide transportation for disabled people; provided, that persons who are disabled are offered transportation that, in relation to the transportation offered nondisabled persons, is: a. In a similar geographic area of operation. To the extent that the transportation provided disabled people is not provided in the same geographic area of operation as that provided nondisabled people, priority must be given to those areas which contain the largest percent of disabled riders. A public transit service may not fail to provide transportation to disabled persons in a geographic area for which it provides service to nondisabled persons if doing so will exclude a sizeable portion of the disabled ridership;
b. During similar hours of operation;
c. For comparable fares;
d. With similar or no restrictions to trip purpose; and
e. With reasonable response time. (Ord. No. 17585, § 12, 8-30-88; Ord. No. 17744, § 10, 6-26-90; Ord. No. 17930, § 11, 6-11-92)
Sec. 183.09. Aiding and abetting and obstruction.
It is an unfair discriminatory practice for any person:
(1) Intentionally to aid, abet, advise, incite, compel, conspire with, hire, counsel, or coerce a person to engage in any of the practices forbidden by this chapter;
(2) Intentionally to attempt to aid, abet, advise, incite, compel, conspire with, hire, counsel, or coerce a person to engage in any of the practices forbidden by this chapter;
(3) To intentionally obstruct or prevent any person from complying with the provisions of this chapter, or any order issued thereunder, or to resist, prevent, impede, or interfere with the director or any of the director's employees or representatives in the performance of duty under this chapter. (Ord. No. 17585, § 13, 8-30-88)
Sec. 183.10. Reprisals.
It is an unfair discriminatory practice for any employer, labor organization, employment agency, public accommodation, public service, educational institution, or owner, lessor, lessee, sublessee, assignee or managing agent of any real property, or any real estate broker, real estate salesperson or employee or agent thereof, or any other person to intentionally engage in any reprisal against any person because that person:
(1) Opposed a practice forbidden under this chapter or has filed a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this chapter; or
(2) Associated with a person or group of persons who have filed a charge under this chapter; or
(3) Associated with a person or group of persons who are disabled or who are of different race, color, creed, religion, national origin, ancestry, sex, sexual or affectional orientation, familial status, marital status, or status with regard to public assistance.
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 an individual because that individual has engaged in the activities listed in clause (1), (2) or (3); refuse to hire the individual; depart from any customary employment practice; transfer or assign the individual to a lesser position in terms of wages, hours, job classification, job security or other employment status; or inform another employer that the individual has engaged in the activities listed in clause (1), (2) or (3). (Ord. No. 17585, § 14, 8-30-88; Ord. No. 17744, § 11, 6-26-90; Ord. No. 17930, § 12, 6-11-92) Sec. 183.11.
It is an unfair discriminatory practice:
(1) To discriminate in the extension of personal or commercial credit to a person, or in the requirements for obtaining credit; except it is not discriminatory to base a decision upon status with regard to public assistance; or
(2) For a credit card issuer to refuse to issue a credit card to a woman under her current or former surname unless there is an intent to defraud or mislead, except that a credit card issuer may require that a woman requesting a card under a former surname open a separate account in that name. A credit card issuer may also require disclosure of any other names under which the credit card applicant may have a credit history. (Ord. No. 17585, § 15, 8-30-88; Ord. No. 17930, § 13, 6-11-92)
Sec. 183.12. Business discrimination.
It is an unfair discriminatory practice for a person or entity 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; or
(3) To refuse to do business, to contract, to award franchise, or to discriminate in the terms, conditions or performance of the business or contract; except it is not illegal to base a decision upon status with regard to public assistance, when the alleged refusal or discrimination is because of a legitimate business purpose.
Nothing in this subdivision shall prohibit positive action plans. (Ord. No. 17585, § 17, 8-30-88; Ord. No. 17930, § 14, 6-11-92; C.F. No. 93-1177, § 6, 9-9-93)
Sec. 183.121. Disparate impact cases.
If the complaining party has met its burden of showing that an employment practice is responsible for a statistically significant adverse impact on a particular class of persons, an employer must justify that practice by demonstrating that the practice is manifestly related to the job or significantly furthers an important business purpose. Upon establishment of this justification, the charging party may prevail upon demonstration of the existence of a comparably effective practice that the court finds would cause a significantly lesser adverse impact on the identified protected class. (Ord. No. 17930, § 15, 6-11-92)
Sec. 183.13. Interference with pension rights.
For purposes of Section 183.03, discrimination on account of age shall include acts which interfere with an employee's opportunity to acquire pension credits or pension benefits when the interference cannot be shown to have been based on just cause related to the employee's status with regard to pension credits or pension benefits. (Ord. No. 17585, § 19, 8-30-88)
Sec. 183.14. Discrimination against blind, deaf or physically disabled persons prohibited.
(a) It is an unfair discriminatory practice for an owner, operator or manager of a hotel, restaurant, public conveyance or other public place to prohibit a blind, deaf or physically disabled person from taking a service dog into the public place or conveyance if the service dog can be properly identified as being from a recognized school for seeing eye, hearing ear or service dogs, and if the dog is properly harnessed or leashed so that the blind, deaf or physically disabled person may maintain control of the dog. (b) No person shall require a blind, deaf or physically disabled person to make an extra payment or pay an additional charge when taking a service dog into any of the public places referred to in paragraph (a). (Ord. No. 17585, § 21, 8-30-88; Ord. No. 17930, § 16, 6-11-92)
Sec. 183.15. Plan to reduce or eliminate imbalance.
It is not a violation of this chapter for any person subject thereto to carry out a place to reduce or eliminate imbalance with respect to race, color, sex, sexual or affectional orientation, creed, religion, national origin, ancestry, age or disability, even though such plan may mean selectivity with respect to employment, housing, or education, provided such plan is filed with the department and is not disapproved by the director or commission on grounds it is not a bona fide plan to reduce imbalance. All persons executing such approved plans shall at the request of the director provide relevant information concerning their execution. (Ord. No. 17585, § 16, 8-30-88; Ord. No. 17744, § 12, 6-26-90) Sec. 183.16. Violation; penalty.
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.
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.
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.
(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. Human rights department--Duties.
There is hereby created a department of human rights under the direction of a director of human rights, appointed by the mayor with the consent of the council, to serve at their pleasure, from a list of three (3) nominees presented by the commission created in Section 183.19 on the basis of merit and professional qualifications. The director shall be in the unclassified service. The director 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, administrator 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 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 a deputy director in the unclassified service to serve at the director's pleasure and, subject to the rules of civil service, 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 as its chair may request, to the extent of available resources.
(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.
(14) The director may be removed at any time without cause by the mayor with the concurrence of two-thirds of the then members of the 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)
Sec. 183.19. Human rights commission.
There is established within the department a human rights commission:
(1) The commission consists of eleven (11) members appointed by the mayor with the consent of the council. Members shall serve three-year terms, but of the initial eleven (11) members four (4) shall serve one-year terms, four (4) two-year terms, and three (3) three-year terms, to provide for staggered appointments. No person shall be member of the commission for more than nine (9) years cumulatively or otherwise.
(2) Members must be registered voters of Saint Paul as of the date of their appointment.
(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) 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, and 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) 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 member for any one 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)
Sec. 183.20. Enforcement procedures and requirements.
(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.
(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.
(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.
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.
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.
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.
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.
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.
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.
(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.