--- url: 'https://www.fmjlaw.com/amendments-to-the-minnesota-human-rights-act-what-businesses-need-to-know/' title: 'Amendments to the Minnesota Human Rights Act – What Businesses Need to Know' author: name: Adam url: 'https://www.fmjlaw.com/author/adam-brownfmjlaw-com/' date: '2024-06-05T20:42:54+00:00' modified: '2024-06-14T18:40:20+00:00' type: post summary: Learn more about recent changes to the MHRA. categories: - Article - Thought Leadership tags: - discrimination - Employment - HR - MHRA - Minnesota Human Rights Act published: true --- # Amendments to the Minnesota Human Rights Act – What Businesses Need to Know The Minnesota Human Rights Act (“MHRA” or the “Act”) is a state law that is intended to prohibit discrimination in Minnesota.  It is codified in Minnesota Statutes Section 363A.  The MHRA is enforced by the Minnesota Department of Human Rights (MDHR), and it applies to a variety of areas, including housing, public accommodations, public services, education, credit, business, and employment.  The MHRA prohibits discrimination based on several protected classes, including race, religion, disability, national origin, sex, marital status, familial status, age, sexual orientation, and gender identity.  Although most other states have a similar law, the MHRA is considered to be one of the strongest civil rights laws in the country.  In May 2024, Minnesota enacted a number of changes to the MHRA.  These amendments cover a wide variety of topics, and they are set to take effect on August 1, 2024.  The amendments affect a number of different areas for businesses, ranging from employment practices to customer service and accommodation.  Here is a summary of the key changes that all businesses need to know about: ## New Definitions - The definition of “disability” was expanded to include “an impairment that is episodic or in remission and would materially limit a major life activity when active.”  The new definition is consistent with the federal Americans with Disabilities Act Amendments Act of 2008. - The definition of “discriminate” was clarified to include “harassment” based on any protected characteristic.  The MHRA previously limited the definition only to “sexual harassment.” - The definition of “familial status” was amended to include parents and guardians who have custody or written permission from the parents to care for a child and to include those who reside with and care for adults with disabilities who need assistance or care from another. - The Act now prohibits discrimination in the extension of personal or commercial credit based on one’s familial status. - The amendments expressly recognize that discrimination could be based on “one or more” protected characteristic. - The amendments removed a reference to the “Board of Human Rights.” ## Claims and Process Considerations - The deadline (statute of limitations) to file claims in district court after dismissal or a finding of no probable cause by the MDHR is now 90 days, matching the U.S. Equal Employment Opportunity Commission’s (“EEOC”) timeframe.  Previously, the MHRA required claims to be filed in court within 45 days of dismissal or a determination of no probable cause. - The amendments also modify the tolling of the statute of limitations while cases are pending at the MDHR, and they extend the time for the commissioner to make a determination from six months to one year. - The amendments have eliminated the cap on potential punitive damages for claims against private sector employers, which was formerly $25,000. Punitive damages are in addition to the treble damages provision in the MHRA. - The MHRA amendments confirm that the treble damage provision applies to emotional distress damages, not only economic damages. - The new law clarifies that that the jury, not the judge, decides all damages questions in MHRA cases. - The amendments expressly require that charging parties and respondents be offered mediation or alternative dispute resolution. The changes also expand the MDHR’s ability to publicly discuss cases that have been resolved. ## Employment Discrimination The MHRA amendments have expanded the remedies available to employment discrimination claimants to include: - reinstatement, promotion, admission, or upgrading; - admission or membership in a labor organization; - admission to a training program; or - “other relief the court deems just and equitable.”  In other words, the scope of relief available to plaintiffs in these cases is now broader. ## Client Service and Accommodation The MHRA amendments clarify that it is an unfair discriminatory practice to prohibit any individual with a disability from taking a service animal into a public place. This protection was previously limited to blind or deaf persons or persons with a “physical or sensory disability.” ## Housing The amendments also allow a court to order “the sale, lease or rental of the housing accommodation or real property to an aggrieved party” who has suffered housing discrimination. ## Religious Exemption The amendments expand the ministerial exemption for religious organizations.  The law previously included an exemption only from matters related to “sexual orientation.” Religious associations are now exempt from liability under any provision of the Minnesota Human Rights Act.  However, the exemption does not apply to secular business activities engaged in by a religious group. ## Takeaways Businesses and employers in Minnesota need to be aware that the scope of protections and penalties under the MHRA have been expanded.  These changes will open the possibility of a wider variety of claims, damages, and remedies.  The MHRA potentially impacts any business operating in Minnesota in some way, whether that includes general functions such as employment practices or customer spaces or more specific industries such as real estate and property management.  So, businesses should review their current policies and practices before August 1, 2024 to make sure they are ready to comply with the MHRA amendments and avoid discrimination claims under the Act. The attorneys at FMJ regularly help clients review and audit their policies and practices to ensure compliance with the MHRA.  Our attorneys can also help manage and defend companies faced with a charge of discrimination under the MHRA or subsequent district court action.  [Click here](https://www.fmjlaw.com/2024-minnesota-legislature-makes-changes-and-amendments-to-earned-sick-and-safe-time-and-the-new-paid-leave-program/) for an article covering changes/updates to earned sick and safe time and the new medical leave program in Minnesota. And [click here](https://www.fmjlaw.com/more-minnesota-employment-law-changes-2024-legislative-session-update/) to learn about even more legislative changes to HR and employment laws in 2024. Contact [V. John Ella](https://www.fmjlaw.com/professional/v-john-ella/) and FMJ’s [HR & Employment Team](https://www.fmjlaw.com/practice-area/hr-employment/) to discuss any questions you may have. 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