88-1137 �IVMITE - CITY CLERK .
PINK - FINANCE GITY OF SAINT PAUL Council Q ��
CANARY -OEPARTMENT n�/���
BLUE -MAVOR File NO. v� 4�"
� O indnce Ordinance N 0. ���
. � . � � ,
Present d By �` . : 7
, r
Re o Committee: Date �— ���d�
Out of Committee By Date
An ordinance amending Chapter 183 of the
Saint Paul Legislative Code pertaining to
human rights.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That Section 183.01 of the Saint Paul Legislative Code be
and the same hereby is amended to read as follows :
"183.�l1. Declaration of policy. The council
finds that discrimination in employment, education ,
housing , publ ic accommodations, and publ ic services
based on race, creed, religion, sex , 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,
plac ing a burden upon the publ ic treasury to amel iorate
the conditions thus produced, and creating conditions
which endanger the public peace and order. The public
policy of Saint Paul is declared to be to foster equal
COUNCIL MEMBERS
Yeas Nays Requested by Department of:
Dimond
�� [n Favor
Goswitz
Rettman
�be;�, Against By
Sonnen
Wilson
Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary BY �'�,,1-� ,�� '�"`'v �C.� c�"���'g
�
By
Approved by Mayor: Date Appr e by Mayor f r S mi on to Council
By BY
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opportunity for all to obtain employment, education,
housing , public accommodations , and public services
without regard to their race, creed , religion, sex ,
color , national or ig in, e� ancestry, fam il ial status,
age, disability, marital status or status with regard
to public assistance, and strictly in accord with their
individual merits as human beings."
Section 2.
That Section 183.02 of the Saint Paul Legislative Code be
and the same hereby is amended to read as follows :
"183 . 02. Definitions.
Subdivision 1 . Terms. Eor the purposes of this
chapter , the terms defined in this section shall have
the mean ing s a sc r ibed to them.
Subd. 2. Age. Prohibitions of discriminatory
practices with regard to age shall be limited to
persons who have passed the age of majority. W���
_ _
�e�g2e� �e �l�se�����a�e�� ��ae��ee� �� e�n��e��e�� ����r
��e���#��e�s e� ��se��x���a�e�g ��ae��ee� v���� �ee�a�� �e
aQe s�a�� �e ��x���e�l �e ge�se�s w�e �a�e �asseel ��e age
e� �a�e���� �t�� �ia�re �ie� a��a��ed ��e aQe e€ �� �ea�s:
Subd. 3. Disability �ea�s a �e��a� e� g����ea�
ee�d���e� ���e� ee�s���t��es a �ia���eag: Pie����g �x
���s e�a@�e� s�a�� �e ee�s��t��d �e ��e����� a��
_ _
��eg�a�T se����eT €a������ e� ������ege a€�e��e�l �� a
�e�s�� ���� a d�s������� ���e� �s ���e���� �e
.
�a�����a��T �e�a�����a�� e� a��ex�xaeda�e ��a� ���s��:
_ _ .
�� �s a de�e�se �e � e+s���a��� �� ae��e� ��e�g�� t���e�
_ _ _
��}s e�ia�a��� ��a� ��e g��sr�� ����Q}�� ��e �e�x��a��� e�
_
ae��e� �t���e�s ��e� a x�e��a� �� ���s�e�� d�s��������
, � ; ; : . . � b�€
��e ��s���e� ge se� e� ���e s: �'��e ���de� e€ ��e����
���s �le€e��e �s t��e� ��e �es�ae��e��: means an�
condition or characteristic that renders a e� rson a
disabled person. A disabled person is an� �erson who
(1) has a physical, sensory, or mental impairment which
substantially limits one or more of such person's ma 'or
life activities , (2 ) has a record of such an
impairment, or (3) s regarded as having such an
impairment.
2
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Subd. 3a. Qualified Disabled person means
(1) with respect to employment, a disabled person who,
w—t reasonable accommodation, can perform the
essential functions required of all applicants for
the �ob in question; and
(2) with respect to services and programs, a disabled
person who, with physical and program access,
meets the essential eligibility cri�teria required
of a11 applicants for the program or service in
question.
For purposes of this subdivision, disability excludes
� condition resulting from alcohol or drug abuse
which prevents a person from perform ng the essential
functions of the job in question or constitutes a
i�rect �eat to property or the safety of others.
Subd. 4. Discriminate or Discrimination includes
all unequal treatm ent of any person by reason of race,
creed, religion, color , sex , national origin, e�
ancestry, familial status , age, disability, marital
status or status with regard to public assistance.
Subd. 5. 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. � ��e���led ��a� a� e�t�ea�.�e�a�
��s������b� e�e���ed t����� ��e ac�s��ees e� � i���+����es
e�ga��ffa��s� �a� �e�t�}�e ��i�� a�� s�t�d���s ed�a���e�
_ _ .
�e�ess ���
� �a���et��a� ������s� ���+���aed:
Subd. 6. Elderly Person means a person who is at
least 55 ears of age• �
Subd. 67 . Employee includes every person who
works for wages , salary , or commissions or any
com bination thereof, and in context the term also
includes those who are seeking or applying for
employment.
Subd. �8 . Employer includes all persons, firms,
or corporations, wherever situated, who employ one or
more employees within the city, or who solicit
individuals within the city to apply for em ployment
within the city or else where, the term includes the
city itself, the board of education , and all other
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political subdivisions , public corporations, and
governmental units conducting any activity within the
city. An emplo�er includes a person, firm or
corporation which hires temporary employees through an
employment service.
_ _
�t��el: 9;`� �et�s��Q ����t���s a�� ���a�e��� e�
_ .
������e�e�l ��a� es�a�e v��3��i �s �sedr �aga��e e€ ����g
d�e�T e� ���et��lt� �e �� t�s�el �+s a ����aa���� e�
_ _
�e��e�a�� �es��e�ee e� s��e���� �4aee €e� e�e +�� A�e�e
_
pe�s+s�sr �t�e��e� �� sa��T �ease e� e��e��t�se: ��
_
��ee���ea��� ��e�t��es �e�s st������e €e� s��g�e e�
x�t�����a�+��� �es3�le���a� �le�e�e�x�e��:
Subd. 89. 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.
st���! ��: ba�e� a��e� ����edes a�� �e�r�a� e�
_ _ _ . _ _.
}��e��xa� e�ga��sa��et� v���e� ��e��el�s a�e�� ��s �t���e�es
_
��e �e���se��a��e� e�' e�e e� �e�e ex���e��es e� e�
�#��a�e�e� e� ex���+a�e�s ����► �esgee� �e vragesT �iet��sT
�te�l�#a ee��}��e�s' e�
'� r Q��e�r��ees�
Subd. 10. Familial status means the condition of
one or more minors being domiciled with (1) their
parent or parents or the minor' s legal guardian or (2 )
the desiqnee of the parent or parents or guardian with
the wri�en ermission of the parent or parents or
guardian.
Sc� �e�= � �: Pe�se� � �e�t� �es � ��� �� �t� a�� r
�a���e� s�� �sT �sge�� a � � e � sT b � � a � � sa� � +e � sT
_ _ .
�e��e�a��e�sT �e�a� �ep�e�se��a���esT ��xs�eesr
_ _
�eee��e�sT ge����ea� s��d���s�e��sT �e��elsr ee���ss�e�sT
a�d ��e�� ����ee�s a�� age���=
Subd. 11, Labor Union includes any formal or
informal organization which includes among its purposes
the representation of one or more employees of an
employer or employers with respect to wages, hours,
working conditions, or gri ve ances.
_ .
_St��d� ��: Ft����e aeee�x�+ada�3e�s ��e�t��es e�e��
_ _ _ .. _ _
�t�s��es� aeeex��te�a��e�r �e��es��e��r �fl�e��a���e��r
_ . . _ . _ _ .
�ee�ea��e�T �� ����s�e��a��e� €ae�����T w�ie��ie�
��ee�s�e7 �� t�e�r v��e�s� �eeel$T se���eesr �ae����#esr
_ _
������e�esT �d�a��age�r e� aeee�x�e�la��e�s ��e e�c���d��lr
4
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e€���e�T s��dT e� e��e�w�s� �a�de a�a��a��� �� ���
_ _
�t����er S� v��g e€ �������r ��� �e�. �€ ��������e�r
-�t����e �eee��+ael���e�� ������e�s �ae�����es �� ��e
�e��ew��� ����s�-
_ . _ _ . _ _
��� A� €ae����� ��s�3d��g �e����e �e�a���g �e ��a�e� e�
����§�a9�����te��-
��} A� . �a���� s�ie�r �e$t��� ��is�r �a€��e�ser sw�����Q
�ee�r ��t��as�t��T ���it�e��� sa�e�r e� e����
es�a���s��e�� �e�d�e�+e� �e s���e ��� �ie����r
. .. _ .
_ . _ . _ .
a��aea�a�eeT e� ���s�ea� e��►����e� e€ ��ie
���l���dt�a�r
�3} P�_ee�►€��� ��a��e�T ��s�i��sa��r e����er ��t������r
�e����������e����i€� �tT�e� ea �e��ea���-� ��s������e�
_ r T T _ _ . _ .
�{4} A� �e�e� x�e�e�° �ese��°, �e�s�a��a��r e� ��a��e�
�a�l��
I��v���e�T �e��i��g �� ���s e����e� as�a�� ��+a�����
d��se�����a��e� e� ��i� �as�s e� $e� �� ��e� €a������es
as �es��ee�sT ��el��� �ee�� ���7 e��e� s����a� ��a���,-
S ubd . 12 . Per son i ncl ude s i nd iv id ual s ,
partnerships , associations , organizations ,
corporations , legal representatives , trustees ,
receivers, political subdivisions, boards, commissions,
and their officers and agents .
����.= ��: P����e se����es ��e�t��l�s a�� �t�����
_ _ _
�ae�����r ���aa��x�e��r a���e�r �e��� e� �e���s��e�
s������� e� ���aQ�d �� e� e� �e�a�� b€ ��ie e��� +��
�h3�€ g�t��T a�� ���. �����e ��e3����T �le�a����t��r
.
��e�e�r �ea�dr e� ee�t��s��e�T e�e���ee7 �� a�g e��e�
a��� e� �s�ae������r w��e� elee� �t�s���ss �� �� ��e����s
_ .
��t��3e �����e�� �� ��i� ���� �€ Sa3�� Pa�t� e� �e ��e
�e���e��s e� ��e e��� e€ �a��� P�x�:
Subd. 13 . Physical access means (1) the absence
of physical obstacles that limit a disabled person' s
opportunity for full and e ual use of or benefit from
og ods► services, and privileges; or, when necessary (2)
the use of inethods to overcome the discrimin= atory
effect of physical obstacles. The methods may include
redesign of equipment, assi nment of aides, or use of
alternate accessible locat ons. � — —
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_ _ . _ � . . _ _ _ .
St���: �4= ���a���a� s���as ��a�s ��i� �e�����ie� e€
e�e e� x�e�e x��t�e�s ����Q dei��e���� w��� �{a} �����
g����� e� �a��a�s s� ��e ���e��s �ega�. ��a���a� e� ���
.
��e �les�g�ee e� ��e �a�et�� e� �a�e��s e� g�a�el�a� �t���
��e �����e� ���i�g���e� e€ ��e �a�e�� e� ������� e�
�t�a���a�:
Subd. 14 . Program access means
(1) the use of auxiliary aids or services to
ensure full and e ual use of or benefit from goods,
services, and privileges; and
(2 ) the absence of criteria or methods of
administration that directly,indirectly, or through
contractual or other arrangements, have the effect of
subjecting �ualified disabled persons to discrimination
on the basis of disability, or have the effect of
de£eating or impairing the accom�lishment of the
objectives of the program.
_ _
���d� ��: S��le��� ���se� ��a#�� a ���se� ��e �s a�
�ea�� 5� �ea�$ e� �g+�:�
Subd. 15 . Public Accommodations includes ever
business accommodation, refreshment, entertainment,
recreation, or transportation facilit� whether
licensed or not, whose goods, services, facilities,
privileges, advantages, or accommodations are extended,
offered, sold, or otherwise made available to the
publ—i. � w� of example, but not of limitation,
"public accommodation" includes facilities of the
follow g types:
(1) A facility providing service relating to travel or
transportation;
(2) A barber shop, beaut shoP, bathhouse, swimming
�ool , g�mnasium , reducing salon , or other
establishment conducted to serve the health,
a pearance, or phYsical condition of the
..r.��T1����` �� �5����� ��������� �� ���
individual;
(3) A comfort station, dispensary, clinic, hospital,
convalescent or nursing home or other nstitution
for the ill or infirm, or a mortuary;
(4 ) A hotel , motel, resort, restaurant, or trailer
park.
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However , nothin� in this chapter sha11 �rohibit
discrimination on the basis of sex in such facilities
as restrooms, locker rooms and other similar places.
_ _ _ .
�t���: �6: S�a�e� ����i �ege�� �e �����e ass�is�a�e�
_ . _ _ .
�ea�s ��e ee�����e� s� �e��g a �e����e�� e� �e���a�T
s���e e� �ee+a� a�s��s�a��er �����el��g �ed�ea�
as��s�a�eer e� e� ���#�� a ���a�� �eee����� �e�l����r
, , _ . r ;,
s�a�e e� �e�a� st�bs�d��s ����ad��g �e��a� a�s�s�a�e�
e� �e�� ;s�t���e����s:-
Subd. 16. Public Services includes any up blic
facility, de artment, agency, board or commission
operated or managed � or on behalf of the city of
Saint Paul, and any ublic facility, de artment,
agencg, board, or com mission, operated � any other
unit of government, which does business in or provides
ublic services in the city of Sain Paul or to the
residents of the city of Saint Paul.
Subd. 17 . Real estate broker or salesperson
means, respectively, a real estate broker as defined �
M.S . section 82 .17 , subdivision 4 and a real estate
salesperson as defined by M.S . section 82 .17_,
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subdivision 5 .
Subd. 18. Real Property includes real estate,
tenements and hereditaments, corporeal and incorporeal.
Subd. 19. Sex means being identified as having or
bein� perceived as having male or female
characteristics and encompasses, but is not limited to,
pre�nanc�, childbirth, disabilities related to
pregnancy or child birth, and sexual harassment.
Subd. 19a. Sexual harassment includes unwelcome
sexual advances, requests for sexual favors, sexually
motivated physical contact or other verbal or physical
conduct or communication of a sexual nature when: (1)
submission to 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; (2) submission to or
rejection of that conduct or communication � an
individual is used as a factor in decisions affecting
that individual's employment, public accommodations or
public services, education, or housing; or (3) that
conduct or communication has the purpose or effect of
substantiall� ir�terfering with an indiv d 1' s
employment, public accommodations or ublic services,
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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
ac— t o— — —
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 em lp oyer m� be held liable for unlawful
sex d cr ination against other persons who were
qualified for but denied that employment opportunity or
benef it.
Subd. 2g. Status with Regard to Pu� blic Assistance
means the conditi—of being a recipient of federal,
state or local assistance , includin� medical
assistance, or of b° eing a tenant receiving federal ,
state or local'subsidies including rental assistance or
rent supplements.
Subd. 21. Human rights investi�ative data means
ta e recordings or written documents issued or gathered
� the department for the �urpose of investigating and
litigating alleged or suspected discrimination.
Subd. 22. Confidential, private, and public data
on individuals and protected nonpublic data not on
ndividuals , and an� other terms concerning the
availability of civil rights investigative data have
the meanings provided them � M.S. Section 13.P12 of the
Minnesota Government Data Pract ci es Act.
Subd. 23 . Closed case file means a file
containing human rights investigative data in which an
order or other d—e sion resolving the alleged or
suspected discrimination has been made or issued � the
Director, a anel of three commissioners, or a court,
and the time for � reconsideration of or appeal from
the order or decision has expired.
Subd. 24 . Open case file means a file containing
human ghts investiga it ve data in which no order or
other decision resolving the alleged or suspected
d scrimination has been issued � the Director, a
panel of three commiss noi ers, or a court, or a i e in
wh ch an order or other decision has been issued but
the time for �reconsideration or appeal of the order
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or decision has either not �et expired or the
reconsideration or appeal is then pending.
Subd. 25. Marital status means whether a person
is single, married, remarried, divorced, separated or a
surviTv �ing s ouse and, in employment cases, including
protection a�cainst discrimination on the basis of
the identity, situation, actions or beliefs of a spouse
or former spouse. — — —
Section 3 .
That Section 183.P13 of the Saint Paul Legislative Code be
and the same hereby is amended to read as follows :
" 183. 03. Prohibited Actions in Employment.
Except when based on a bona fide occupational
qualification, it shall be unla wful:
(1) For a labor union because of race , creed ,
religion , color , sex , national origin, e�
ancestry, age, disability, marital status or
status with regard to public assistance
(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 do or to commit any other act with respect
to an employee or applicant which arises out
of, or is activated by, consideration of
race , creed, religion , color , sex, national
origin, e� ancestry, age, disability, m arital
status or status with regard to public
assistance.
(2) For an employer, because of race, creed, religion,
color , sex , national origin, e� ancestry, age,
disability, marital status or status with regard
to public assistance
(a) To refuse to hire an applicant for
employment;
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(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 to commit any other act with respect
to an employee or applicant which arises out
of, or is activated by, consideration of
race , creed , religion , color , sex , national
origin, e� ancestry, age, disability, m arital
status or status with regard to public
assistance.
(3 ) For an employment agency, because of race, creed,
religion , color , sex , national origin, e�
ancestry, age, disability, m arital status or
status with regard to public assistance
(a) To refuse or fail to accept , register ,
properly classify, or refer for employm ent
any person;
(b) To comply with any request by an employer for
referral of applicants if the request
indicates directly or indirectly that the
employer desires any limitation of applicants
to persons or particular racial , religious ,
or national characteristics or in any other
way fails to com ply with the requirements of
this chapter;
(c) To do , or to comm it any other act wi th
respect to an applicant for referral or
employment which arises out of , or is
activated by, consideration of race, creed ,
religion, color , sex , national origin , e�
ancestry, age, disability, marital status or
status with regard to public assistance .
(4) For any labor union, employer, employment agency,
or other person to require any applicant or
em ployee to furnish information respecting �}a
their race, creed, religion, color, sex , national
o ir gin, e� ancestry, age , disability, marital
status or status with regard to public assistance,
except where required by a governmental agency.
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(5) For any person to circulate or publish any notice
or advertisement relating to employment or
membership in a labor union which indicates
directly or indirectly any preference, limitation,
specification, or discrimination based upon race,
creed , religion , color , sex , national origin, e�
ancestry, age, disability, marital status or
status with regard to public assistance.
(6) For an employer, an employment agency or a labor
organization, with respect to all em�loyment
related purposes, including receipt of benefits
under fringe benefit programs, not to treat women
affected � 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.
(7) For an employer with 50 or more permanent, fu11-
time employees, an employment agency or a labor
organization, not to make reasonable accommodation
to the known disability of a qualified dis— a�bled
erson or job applicant unless the employer,
agency, or organization can demonstrate that the
accommodation would impose an undue hardship on
the business , a�enc�, or organization.
"Reasonable accommodation" means ste s which must
be taken to accommodate the known physical ,
sensory, or mental limitations of a qualified
disabled person. "Reasonable accom modation" may
include but is not limited tos (a) making
facilities readily accessible to and usable by
disabled persons; and (b) �ob restructuring,
modified work schedules that do not reduce the
total number of hours nor'mally worked ,
ac�uisition or modification of e�uipment 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:
(a) the overall size of the business or
or anization with respect to number of
--�---- --- -- -- — — --- --
employees or members and the number and type
of facilities;
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(b) 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;
(c) the nature and cost of the needed
--- ------ --- ---- -- --- ------
accommodation;
(d) the reasonable abilit� to finance the
accommodation at each site of business; and
(e) documented good faith efforts to explore less
restrictive or less expens e alternatives,
including consultation with the disabled
person or with knowledgeable disabled persons
or organizations.
A prospective em�lo�er need not pa� 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 m embers 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."
Section 4 .
That Section 183. 031 of the Saint Paul Legislative Code be
and the same hereby is amended to read as follows :
"183. 031. Employment Exemptions.
( 1) The provisions of section 183.03 shall not apply
to:
(a) The employment of any individual by his
parent , grandparent , spouse , child or
grandchild or in the dom estic service of any
per son;
12
�/r��-.
�?���-'
(b) 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;
(c) The employment of one person in place of
another, standing � itself, shall not be
evidence of an unfair discriminatory
-----�--- -- -- ------ --------------
practice;
={e} (d) An age restriction applied uniformly and
without exception to all individuals
established by a bona fide apprenticeship
program established pursuant to Minnesota
Statutes , Chapter 178 , which limits
participation to persons who enter the
pr og r am pr i o r to som e spec i f i ed ag e and the
trade involved in the program predominantly
involves heavy physical labor or work on high
structures;
{e) Neither shall the operation of a bona fide
senioity system wh ci h mandates diTfferences
in such things as wages, hiring, priorities,
lay=off priorities, vacation credit, and �ob
assignments based on senio�, 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 Chapter 183;
��} (f) With respect to age discrimination, a
practice whereby a labor organization or
employer of fers or suppl ies 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;
�{e} (g) A restiction 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 ;
13
f�'-�/i3�
���.�5�
{€� (h) Nothing in this chapter concerning age
discrimination shall be construed to validate
or perm it age requirements which have a
disproportionate impact on persons of any
class otherwise protected by this chapter ;
-��} �� �s �e�. a �}e�a��e� e� ���s e�ia��e� €e� �t�
_
������e�T et���e��ea� age�e� e� ����� ��ga������e��
�{�} �e �eg���e a g��se� �e t���e��e g��s����
e�t�x���a���� €e� �t��geses s€ ele�e������� ���
�e�se�'s ea�a������ �e g���e�x� a����a��e
ex���s��e��t ��
�{�} �e ee�elt�e� a� ��������a��e� �s �b ��e
�e�se�!s x�ed�ea� �i��s�e�g €e� ��e ga��ese e�
de�e�����aQ ��e g���e�`-'� eapa������ �e
�e��e�� ��a�4���� er���e�i����}� e�
{�} �e ����� �eee��� �� ���e€��s ������� ���7e� �
�����e �e��€�� ��a� �s� d�sa������es �+a ����
�e��e� e� ���ae W�ea a ��e��se� g�gs�e���
�ease����� �1e�e�#���es � �e�se� �� i��a��e ��
�e�l��- e�
�{�} �e ��e��de s��e}�� �sa€��� �e�'s������48�s €e�
��e��a�� ��x�e� �€��r���i�d �� �a�)�s w��i��� ���
pe�e��3a��� �a�a��]�t�s �s �ke ������ e� ��e
t���e�� ��i��� as �l��e�����el �y� x�e��e��
e�}�e��a:
(3) Nothing in this chapter shall be construed to
prohibit any program , service , facilit� or
r i v i 1 e e a f f o r d e d t o a —_—r -- r--- —
p g person with a disability
which is intended to habilitate, rehabilitate or
accom modate 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 wirth reasonable
accom modation, as defined in 183.A3 (7 ) , poses a
se ir ous threat to the health or safety of the
disabled person or others. The burden of proving
this defense is upon the respondent."
14
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r.�-5i��rv
�
Section 5.
That Section 183. 04 of the Saint Paul Legislative Code be
and the same hereby is amended to read as follows :
"183.0�4. Affirmative 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 appl icant for employment because of
race, creed , religion, color, sex , national origin
e�, ancestry, age , disability, marital status or
status with regard to public assistance. The
contractor will take affirmative action to insure
that appl icants are employed and that employees
are treated during employment without regard to
their race, creed, religion, color, sex , national �
origin or ancestry, age , disability, marital
status or status with regard to public assistance.
Such action will include , but not be limited to,
the following : employment, upgrading, demotion or
transfer; recruitment or recruitment advertising;
layoff or term ination; rates of pay or other forms
of compensation; and selection for training ,
including apprenticeship. The contractor agrees
to post in conspicuous places available to ��sthe
employees and appl icants 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 regard to race , creed ,
religion , color , sex , national origin, +a�
ancestry, age, disability, marital status or
status with regard to public assistance .
(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
15
��-�ri..��-
/1��"�-�_
places available to employees and appl icants for
employment.
(4 ) The contractor will comply with all provisions of
Chapter 183 of the Saint Paul Legislative Code,
and of the rules, regulations and relevant orders
of the �iHuman �Rights eCommission issUed pursuant
thereto .
(5 ) The contractor will furnish all information and
reports required by Chapter 183 of the Saint Paul
Legislative Code, and by the rules, regulations
and orders of the �Human �Rights eCommission
issued pursuant thereto, and will permit access to
��s the contractor's books , records and accounts
by the dDepartment of l�Human �Rights for the
purpose of investigations to ascertain compliance
with such rules, regulations and orders.
(6 ) In the event of the contractor' s non=compliance
with the non-discrimination 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 Chapter 183 of
the Saint Paul Legislative Code, or by rule ,
regulation or order of the �Human �Rights
eCommission, 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 ��s the
contractor' s subcontractors to file compliance
reports with the �IDepartment 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,
pol ic ies , programs and employment pol ic ies and
employment statistics of the contractor and each
subcontractor and shall be in such form as the
director of the dDepartment of �Human �Rights may
prescribe with the approval of the �Human �Rights
eCommission.
16
�,�-//�;�
i°i'�L�.�._
(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 Section 183.4l4, subsections l , 2,
3, 8, 9.
(10 ) The director of the �Department of l�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
e�a���� ordinance ."
Section 6.
That Section 183.032 of the Saint Paul Legislative Code be
and the same hereby is amended to read as follows :
"�83�-���:183.041. Prohibited acts regarding set-
aside. In all contracts let by the city or entered
into under its auspices, where a setiaside requirement
exists pursuant to chapter 81 of the St . Paul
Administrative Code, it shall be unlawful to be in a
state of non - compliance with said set �- aside
requirement ."
Section 7 .
That Section 183.05 of the Saint Paul Legislative Code be
and the same hereby is amended to read as follows :
"183.015. Prohibi ted Acts in Education. I t shall
be unlawful: R�e ���ee� s�aa��
(1) To discriminate in any manner d�se�����a�e on
grounds of race , creed , r lie gion, color , sex ,
national origin , e� ancestry, age, disability,
marital status or status with regard to public
assistnce with respect to access to , use of, or
benefit from any institution of education or
services and facilities rendered in connection
17
��-/���
l��,Fs„-
therewith, except that a school operated by a
religious denomination may require membership in
such denomination as condition of enrollment.
_ _
i�+a����Q �� ���s e�a��e� s���� �e eea����ed �e
�egc���� a�� ed�ea��et�a� ��s���t����� �e ��e���12 a�y�
spee�a� �e��a��� �e ��� �e��e� e� �e �ed�€� �� ���
�a��e� ��s e��s���� �t���d���s� ��ea�elsT ��e3������
e� adx��$s�e�_ ��eeedt���� �e�at�se e�€ ��� d��a�����y�
s€ ��� st��k ���se�r
(2) To exclude, expel , or otherwise discriminate
against a person enrolled as a student because of
--r - --�- -t .-
race, color, creed, religion, national orig=n,
ancestry, sex, a e, marital status, status with
regard to ublic assistance or disability.
(3) To make or use a written oral inquiry, or form of
applicat oi n for admission that elicits or attempts
to elicit information , or to make or keep a
record , concerning the race, color , creed ,
religion, national origin, ancestrY. sex, age'
marital status or disability of 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, ada ted classroom
equipment, and s ilar auxiliary aids or services.
Program access does not include providing
attendants , individuall� prescribed devices,
readers for �ersonal use or stud�, or other
-- — — -----
devices or services of a personal nature. "
Section 8.
That Chapter 183 of the Saint Paul Legislative Code be and
the same hereby is amended by adding a new section, Section
183.051, to read as follows :
"183.051. Education Exemptions.
(1) 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 privr ate
educational institu on, or branch or level of a
18
���°/���
/i�f_r,.
private educational institution, in which students
of o� one sex are permitted to enroll. Noth g
in this chapter shall be construed to require �
educational institution to provide any special
service to any individual person because of the
disability of such person or to mo�d f� in an�
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
�T������• �� ����������� ��T�����
discriminating on the basis of academic
qualifications or achievements or requiring from
applicants information which relates to academic
qualifications or achievements.
(2) It is not an unfair discriminatory practice for
an educational i stitution or a public service to
operate or sponsor separate athl�cc teams and
activities for members of each sex or to restrict
membership on an athletic team to participants of
one sex, if this se aration or restriction meets
the requirements of M.S . Section 126 .21.
(3) The department of human rights shall investigate
all char�es alle�� sex discr mination in
athletic proiqrams in educational institutions and
publi�services pursuant to the standards and
re�uirements of M.S . Section 126 .21 and the
procedures enumerated in this chapter.
(4) Notr hing in this chapter restricts or limits the
rights, procedures, and remedies available under
section 50J4 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 14PJ1 and foll—o g. "
Section 9.
That Section 183.06 of the Saint Paul Legislative Code be
and the same hereby is repealed in its entirety and a new
Section 183. 06 be substituted in lieu and in place thereof
to read as follows:
_ . _ _
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t���aw€t��
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e��edT ����Q���r �e�e�T se�cT �a��e��� e��tqa� s�
. _ _
��ee�s���T €��a���a� s����sT �ger el��a������ir
19
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ke�s��Q t���� e� t�����3:
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, _ _
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�9} E}e�������a����� ��e ����4�s�e�s �� a�� ��� e�
�����a�ee �b ��� �e�€a�a��T �e ������ ����� �e
��e��� �� ���+� �e�a�����el �� ��€a�� el����������e��
������ �� �i�s�d � ��� ag� # € ��� � ���} �
�l�s���x���a�e�� �������e a����e� �s a��e����� e�
aeest����s�e�1 €�� �.�� ��3��s�� +�� ��������i� ��
_ . . .
t�a�����t���� e�� e� ��e ��et����e�s ��������1 €�� �
�lw����t�� a��� �i�e����� ��� �� l�e����� �8�:��:
"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 � real property, or
� agent of � of these:_
22
��-�,��, ..�
i%'_.J�,��.
(a) to refuse to sell , rent , or lease or
otherwise deny to or withhold from any person
or group of persons � real property because
of race, color, creed, religion, national
origi— n ancestry, sex, marital status, status
with regard to public assistance, disability,
or familial status or;
(b) to discriminate against any person or group
of persons because of race, color, creed,
religion, national origin, ancestry, sex,
marital status, status— wi h regard to public
assistance, disabil—i y or familial status in
the terms, conditions or privileges of the
sale, rental or lease of a�nr r�eal property or
in the furnishing of facilities or services
in connection therewith, except that nothing
in this clause shall be construed to prohibit
the adopti—`on of reasonable rules intended to
protect the safety of minors in thei—' r use of
the real propert�or an� facil ties or
services furnished in connection therewith;
or '
(c) in any transaction involving real property,
to print, circulate or post or cause to be
printed , circulated , or posted any
advertisement or sign, or use any form of
application for the purchase, rental or lease
of real propert� or make any record or
in uir in connection with the
Q y _ _ prospective
purchase, rental, or lease of real property
which expresses, d ri ectly or ind ri ectly, any
limitation, specification or discrimination
as to race, color, creed, relig o national
or*igin, ancestry, sex, marital status, status
with regard to ublic assistance, disability,
or familial status, or any intent to make any
such 1—im tation , specification , or
discrimination exce t that nothing in this
clause shall be construed to prohibit the
advertisement of a dwelling unit as available
to adults�only if the person placing the
advertisement reasonabl� believes the
provisions of this subdivision prohibiting
discrimination because of familial status do
not apply to the dwelling unit.
(2) For a real estate broker, real estate salesperson,
or employee, or agent thereof_
23
��-��',� �
/%�r�-��
{a) to refuse to sell, rent, or lease or to offer
for sale, rental , or lease any real pro erty
to an� person or group of �ersons or to
negotiate for the sale, rental, or lease of
any real property to any person or grouP of
persons because of race , color , creed ,
religion, national origin, ancestry, sex,
marital status, status with regard to publ c
as— sT nce disab lit �—
, y, or familial status,
or represent that real property i: s not
available for inspection, sale, rental , or
lease when in fact it is so available, or
ot�ierwise deny or withhold � real property
or any facilities of real property to or from
any erson or group of persons because of
race , color , creed , reli�ion, national
origin, ancestry, sex, marital status, status
with regard to public assistance, disabil� ity,
or familial status; or
(b) to discriminate against � ep Tson because of
race , color , creed , religion , national
origin, ancestry, sex, marital status, status
wi h regard to publ—c ass— i—stance disabil�y,
or fami—lial status in the terms, conditions
or privileges of the sale, rental or lease of
real propert� or in the furnish g of
facilities or services in connection
---------- -- -------- -- ----------
therewith; or
(c) to print, circulate, or post or cause to be
printed , circulated , or posted any
advertisement or sign, or use any form of
application for the purchase, rental, or
lease of any real property or make any record
or inquiry in connection with the prospective
purchase , rental or lease of an� real
propert�, which ex�resses directl� or
indirectly, � limitation, specification or
discrimination as to race, color, creed,
r le igion, nat onal origin, ancestry, sex,
marital status, status with regard to up blic
assTance disabiTlity, or fami—`1 a status or
an� intent to make an� suc�h limitT ation ,
specification or discrimination except that
n� o�t_t_��i��n�� q in this clause shall be construed to
proFii�it the a�vert sement of a dwelling unit
as available to adults=' only if the person
placing the advertis ment reasonably believes
24
���' //�';�
// '✓V ',.._/'
that the provisions of this subdivision
prohibiting discrimination because o�
familial status do not apply to the dwelling
unit.
(3) For a person, bank, banking organization, mortgage
com an , insurance company, or other financial
institution or lender to whom application is made
for financial assistance for the purchase, lease,
acquisition, construction, rehabilitation, re air
or maintenance of any real property or any agent
or employee thereof:
(a) to discriminate against any person or group
of persons because of race, color, creed,
religT ion, nat—ional origin, ancestry, sex,
marital status, status with regard to publ c
assistance disability, or familial status of
the person or group of persons or of the
prospec— tive occupants or tenants of the real
propert� in the granting , withholding
extending, modifying or renewing, or in the
rates, terms, conditions, or priv-leges of
the f nancial assistance or in the extension
of services in connection therewith; or
(b) to use an� form of application for the
financial assistance or make any record or
inquiry in connection with the applications
for the financial assistance which expresses,
d ectl� or indirectl�, an�mitation,
specification, or discrimination as to race,
color, creed, religion, national origin,
ancestry, sex, marital status, status with
regard to public assistance, disability, or
familial status or any intent to make any
such limi ation , spe— cTication , or
discrimination; or
(c) to discriminate against any person or group
of pe�rsons who desire to purchase, lease,
acquire, construct, rehabilitate, repair or
maintain real property in a specific urban or
rural area or an art thereof solely because
of the social , economic or environmental
25
�8-l�t3�
/�.���-
conditions of the area in the grantin�,
withholding , extending , modif�in� 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 an� real estate broker or real estate
salesperson, for the purpose of inducing a real
property transact oi n from which the person, the
person's firm, or any of its members m� benefit
financ all�, to represent that a change has
occurred or will or m� occurin the composition
with respect to race, creed, color, national
origin, ancestry, sex, marital status, status with
regard to public assistance, or disability of the
owners or occupants in the block, neighborhood, or
are n which the real property is located, and to
represent, directly or indirectly, that this
chan�e will or ma� result in undesirable
conse�uences in the block, neighborhood, or area
in which the real property is located, including
but not limited to the lowering of �ropert�
values, an increse in criminal or antisocial
behavior, or a decline in the qual ti y of schools
or other public fa— c—ilities.
(5) For a person to deny a totally or partially blind,
physically handicapped or deaf person with a
service do� full and equal access to real property
provided for n this section. The person may not
be required to p� extra compensat—o for t �Tie
servic d g but is liab el for damage done to the
premises � the service dog•
(6) Notwithstanding the provisions of an� 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
attem�t� ed or accomplished for the purpose of
obtaining or ma ntaining one of the exemptions
provided for a dwelling unit provided for in
section 183 .061.
(7) The �rovisions of this section prohibiting
discrimination because of familial status do not
aPPly to evictio�m, or den a of continuing
tenanc� in , dwellin� units exempt through
26
��-//.3 �
%'��'s'
certification as set forth in Section 183.061
(1) (5) of this chapter, provided that (1) one year
has elapsed from the commencement of the familial
status and (2) six months prior written notice has
been given to the tenant, unless the eviction or
denial of continuing tenancy is for nonpayment of
rent, damage to the premises, disturbance of other
tenants or other breach of the lease."
Section 1f�.
That Section 183.�17 of the Saint Paul Legislative Code be
and the same hereby is amended to read as follows :
_ .
"�83:8�: 183 .061. F�e�s��g e�et����e�s: Real
Property Exemptions.
(1) The provisions of Section 183.06 prohibiting
discrimination because of familial status shall
not be construed to defeat the applicability of
any local, state or federal restrictions regarding
the max imum number of occupants perm itted to
occupy a dwelling unit and shall not apply to :
(a) any unoccupied dwelling unit on one building
of a housing complex consisting of two
buildings or, in a housing complex consisting
of three or more buildings, any unoccupied
dwelling unit in up to one- third of all
buildings in the housing com plex. For the
purposes of this clause , "housing com plex"
means a group of buildings each containing
five or more units on a contiguous parcel of
1 and o wned by the same per son. A b u i ld i ng
shall not be exempt pursuant to this clause
unless the owner has filed an election to
designate the building as exem pt with the
Minnesota �Human �Rights eCommission ,
pursuant to Minnesota Statutes, Section
363. 03; or
(b) any unit in a condominium created prior �e
��ie ��€ee���e da�e s� ���s see��e� to April
12 , 1980 , any unit in a condominium , other
than a condominium converted from a
residential d welling created on or after ��e
27
��-,�d;�`?
,i���-�_
���e����e �a�e b� ���� s�e���� April 12 ,
1980 , and any unit in any adults�only
condominium created from an existing adults=
only rental building on or after ��e
�€�€ee���re �1��� �€ ��i�� 5������ April 12 ,
198�; or —
(c) an unoccupied dwelling unit in any building
in which at least a majority of the dwelling
units are occupied by elderly persons or are
unoccupied and avilable for occupancy solely
by households of which at least one member is
an elderly person ; or
(d) any owner occupied building containing four
or fewer dwelling units ; or
(e) an unoccupied unit in any building which is
the subject of a valid certificate filed with
the Minnesota commissioner of human rights
pursuant to Minnesota Statutes , Section
363 . A2, subd . 2; or
( f) any unoccupied dwelling unit of up to one=
third of the units in a building that is not
part of a multi `-building complex and for
which the owner has filed an election to
designate the unit as exempt with the
director of the Saint Paul �iPHuman �Rights
dDepartment, or
(g) any adult=� only residential buildings which
are exempt under the provisions of Laws of
Minnesota for 1980, Chapter 531, Section 11 .
(2 ) The provi sions of Section 183.P16 of the Saint Paul
Legislative Code shall not apply to
(a) rooms in a temporary or permanent residence
home run by a nonprofit organization, if the
discrimination is by sex; or
(b) the rental , by an owner or occupier of a one-
family accommodation in which �� the owner or
occupier resides, of a room or roomsin such
accommodation to another person or persons if
the discrimination is by sex , marital status,
status with regard to publ ic assi stance or
d isab il ity."
28
��-//3�-
/y����� .
Section 11 .
That Section 183.�l8 of the Saint Paul Legislative Code be
and the same hereby is amended to read as follows :
"�83��8183 .� 7. Prohibited Acts in Public
Accommodations. Aie �e��b� s���� ���e�����a�e I t shall
be unlawful to discriminate on the grounds of race ,
color , sex , creed , rel ig ion , national orig in , e�
ancestry, age or disability with respect to ��e aee�ss
�eT a�e e€T b� �e�e��� €�et� a�� �����e �e�s����7a����
the full and e ual enjoYment of the goods, services,
facil tii es, privileges, advantages, and accommodations
of a lace of public accommodation. It is an unfair
discriminatory practi e for a taxicab company or
taxicab dr—er to discriminate in the access to, full
utili ation of or benefit from service because of a
person' s disability. Noth ni g i'�n th s su—d ision
requires � erson to exercise a higher degree of care
for a person having a disability or to modify �roperty
n any way except as required � the accessibility
provisions of the state building code. It is an unfair
discriminatory practice �S� to make or publ ish any
statement evidencing �4s ��a���� �� �e se an intention
to violate this section."
Section 12.
That Section 183.P19 of the Saint Paul Legislative Code be
and the same hereby is repealed and a new Section 183. �J8 be
substituted in 1 ieu and in place thereof to read as follows :
"�83:83 183 .�8 . Prohibited aActs in �Public
s�Services . It is an unfair discriminatory practice:
(1) To discriminate against a� person in the access
to , admis on to , impar�al and e�ual
administration of, full utilization of or benefit
from any public service because of race, color,
creed , relig n, national origin, ancestr�,
disability, sex, or status with regard to public
ass stance, or to fa—il to ensure physical and
program access for disabled persons unless the
publ—c service can demonstrate that providing the
access would impose an undue hardship on ti s
operation. In determining whether providing
�ph��sical and program access would im ose an undue
a�rc�- siFrip,�ctors to be consid ed include:
29
�o//?�Z
/1���_�
(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 disabilit—y—Pub il c
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 eople is not provided in
the same geographic area of operation as that
provided nondisabled people, priority must be
�iven to those areas wk� ich 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 �ersons if doin� 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 as to trip
purpose; and
(e) with reasonable response time. "
3 P!
�5�-�6? �
/'/��j�
Section 13 .
That Section 183.10 of the Saint Paul Legislative Code be
and the same hereby is repealed in its entirety and a new Section
183.09 be substituted in lieu and in place thereof to read as
fol l ows :
���83���:= ��d �� 9�se����€�3���t�: �� s���� ��
t����vt�t�� ��� a�� ����e�T v�����e� �� �e� a� e�ap�e�e��
e���b�t�e�� ����eg �� ���e� e����3�a�ae�T �� ���7T �����
e� ee������ �s �ei��a�� ��g ae� el�e����e� �e �� t��������
�� ���$ e����e�=
"183.�19. Aiding and abetting and obstruction. It
is an unfair discriminatory practice for � person_
(1) Intentionall� to aid , abet, advise, incite,
compel, conspire with, hire, counsel, or coerce a
person to engage in � of the practices forbidden
�ith s chapter;
(2) Intentionally to attem�t to aid, abet, advise,
incite, com el, conspire with, hire, counsel, or
coerce a person to engage in any of the practices
forbidden � this chapter;
(3) To intentionally obstruct or prevent any person
from compl�ing with the provisions of this
chapter, or � order issued thereunder, or to
resist, prevent, im ede, or interfere with the
director or any of the director' s employees or
representatives in the performance of duty under
this chapter."
Section 14 .
That Section 183.11 of the Saint Paul Legislative Code be
and the same hereby is repealed in its entirety and a new Section
183.10 is substituted in lieu and in place thereof to read as
follows :
"�8�3���� 183.10. Repr isal s. �� s�a�� �e t��������
€e� ��y� ei�������T �a�e� e������a��e�r ���a�������
a�e���,- �esse�T �����e ���e�a�e�a����r ��b��e se�����r
��t�e���+a�a� ����3��t���s� �� ��� ���e� ���s�� ���i���� ��
��i� ��e�a�s���s b€ ���s ��►����� �s �������H����� �#�����
�� a�� �e������ a�a��s� ��� �a���b� ��e�t�s� ��a� ����BS�
31
��-i�,� �
/,?��� �
_ _
{a} e�a�s��d � ��ae��ee �+s����de�i t���e� ��i�s e������ e�
_ . _
�as ���+e� a ��a�gt�T €�s�+���LdT �s��s�e�T ��
����������e� �� a�� ������ �� a€� ��������a��e�T
��ee�ed#�Q �� ��a���� a�d�� ��i�� e������T e�
�{�3 ass���a�e�7 v���� a �e�se� e� ��s��s e� ���ss��s �€ a
d���€e�e�� �aee� ee�e�T ��e�dT se�T ������et�T
�a����a� e��g��T age e� ��s�������_
It is an unfair discriminatory �ractice for an�
employer, labor organization, employment agency, public
accommodation, public service, educational institution,
or owner, lessor, lessee, sublessee, assignee or
managing agent of � real property, or � real estate
broker, real estate salesperson or employee or agent
thereof, or � other erson to intentionally engage in
� 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 matter in an investigation,
proceeding or hearing under this chapter; or
(2) Associated with a erson or group of ep rsons who
are disabled or who are of different race, color,
creed, religion, national origin, ancestry, sex,
mar al status, or status wi—'-th regard to pub�c
assistance.
A reprisal includes, but is not limited to, � form of
intimidation, retaliation, or harassment. Lt 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) or
(2 ) ; 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, �ob security or other
employment status; or inform another employer that the
individual has engaged ni the activities listed in
clause (1) or (2) .
5ection 15.
That Chapter 183 of the Saint Paul Legislative Code be and
the same hereby is amended by adding a new Section 183.11 , which
shall read as follows :
32
��// 3�
����� __
"183 .11. Credit; sex discrimination. It is an
unfair dis r minatory practice:
(1) to discriminate in the extension of personal or
commercial credit to a erson , or in the
---.------ — �-----
requirements for obtaining credit, because of sex
or marital status; 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 c'redit card issuer may
regu—ire that a woman requesting a card under a
former surname open a separate account in that
name. A credit card issuer m� also require
disclosure of any other names under which the
credit card applicant may have a credit history."
Section 16.
That Section 183.12 of the Saint Paul Legislative Code be
and the same hereby is amended to read as follows :
"�83:��= 183 .15. Plan to Reduce or E1 im inate
Imbalance. It is not a violation of this ordinance for
any person subject thereto to carry out a place to
reduce or eliminate imbalance with respect to race ,
color , sex , creed , religion , natural 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."
Section 17.
That Chapter 183 of the Saint Paul Legislative Code be and
the same hereby is amended by adding a new Section 183.12 which
shall read as follows :
"183 .12. Business; sex discrimination. It is an
unfair discriminatory pract ce for a ep rson engaged in
a trade or business or in the provision of a service to
refuse to do business with or �rovide a service to a
woman based on her use of her current or former
surname. I t is an unfair discriminatory practice for
a person to impose, as a condition of doing business
33
��-/0.:��
/���� l
w ith or providing a service to a woman, that a woman
use her current surname rather than a former surname."
Section 18 .
That Section 183.13 of the Sa int Paul Legi slative Code be
and the same hereby is amended to read as follows :
"�83:�3� 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 of f icer , 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 k�s that
person' s employer ."
Section 19.
That Chapter 183 o f the Sa int Paul Leg i sla t ive Code be and
the same hereby is amended by adding a new Section 183.13 which
shall read as follows :
"183 .13. Interference with pension rights. For
purposes of Section 183.g3 discrimination on account of
a�e shall inTclude 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 �ust cause related to the
employee' s status with regard to pension credits or
pens i on benef i—`t's." `
Section 20.
That Section 183.14 of the Sa int Paul Legi slative Code be
and the same hereby is amended to read as follows :
��3�4:'183.18. Human Rights Department = Duties.
There is hereby created a �Department of �Human
�Rights , under the d irection of a d irector of human
rights appointed by the mayor with the consent of the
council , to serve at their pleasure , from a list of
three nominees presented by the commission created in
Section ����4� 183 .2f� on the basis of inerit and
professional qualif ci ations. The director shall be in
the unclassified service. The director shall have
general supervision over all programs of the city with
34
��-�.�� �
/7--�r�l� �
respect to human and civil rights, subject to policies
established by the mayor , and shall , without limitation
by their enumeration have the following specific powers
and duties :
( 1) To fostzr , through education, conciliation and
persuasion , the preparation of legislation and
policies for action by governmental and private
units , and through such other methods as �e 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, 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, �et�s��� real property ,
publ ic accommodations , publ ic serv ices , 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 purchasing
agent 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 l�ethe
director shall deem necessary, and failure to
provide such information shall constitute grounds
for the council to revoke any contract in effect
between the c ity and the per son so fa il ing to
comply. All required reports shall be on forms
prepared by the director.
(4 ) To receive complaints of violations of the
provisions of this chapterT; ��� investigate the
merits thereof by interviewing , to the extent
possible , all parties and witnesses in a
particular matter and considering all other
evidence that is authorized to be obtained by this
subsectionT; and , in furtherance of such
investigation , require the production for
exam ination of any books , papers or documents
relative to the matter under investigation
( including writings , drawings , graphs , charts ,
photographs , tape recordings, phonograph records
and other materials from which information can be
obtained) ; ���1 upon decision of necessity, take
35
��- ,l l,� �
,�/.���-��
testimony, and obtain subpoenas by order from the
district court in order to effectuate any
provision of this subsectionY; and, upon complaint
or motion of the director, commence enforcement
action as provided herein where the director finds
that reasonable grounds exist to believe a
violation has occurred.
�4a} (5 ) To investigate all city contracts let
directly by the city or entered into under its
auspices where a set=aside requirement is set
forth therein.
{�; (6) To supervise the affairs of the department
and to appoint a deputy director in the
unclassified service to serve at ��s the
director's pleasure , and subject to the rules of
civ il serv ice, such other employees and agents as
are necessary to carry out the duties of the
department.
{6� (7 ) To provide suitable staff and secretarial
assistance to the commission created hereunder as
its C�a#�t�a� chair may request , to the extent of
available resources.
�'�� (8) 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 .
{��} (9) 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 ."
Section 21 .
That Chapter 183 of the Saint Paul Legislative Code be and
the same hereby is amended by adding a new Section 183.14 which
shall read as follows :
36
���l/:� �
/���5 _.,
"183 .14 . Discrimination against blind or deaf
persons prohibited.
(a) It is an unfair discriminatory practice for an
owner, operator or manager of a hotel, restaurant,
pub conve�ance or other public �lace, to
prohibit a blind or deaf ep rson from taking a
guide dog into the u� blic place or conveyance if
the guide d�co can be properly identified as being
from a recognized school for seeing e e, hearing
ear or guide dogs' and if the dog is properly
harnessed or leashed so that the blind or deaf
person � maintain control of the dog.
(b) No ep rson shall require a blind or deaf person to
make an extra payment or pa� an additional charge
when taking a guide dog into an of the public
lp aces referred to in paragraph (a) . "
Section 22.
That Section 183.15 of the Saint Paul Legislative Code be
and the same hereby is amended to read as follows :
"�83��5�183 .19. Human Rights Commission. there
is established within the department a Human Rights
Commission:
( 1) The commission consists of eleven members
appointed by the mayor with the consent of the
council . Members shall serve threejyear terms,
but of the initial eleven members four shall serve
one'-year terms, four two-year terms, and three
three=year terms , to provide for staggered
appointments. No person shall be a member of the
commission for more than nine years cumulatively
or otherwise .
(2 ) Members must be registered voters of Saint Paul as
of the date of their appointment .
(3 ) The e����t��� chair of the commission shall be
designated by the mayor, with the approval of the
..�-, council . He The chair shall serve for a term
�� ending on the first Tuesday in June of each even'=
numbered year .
(4 ) Members of the commission may be removed at any
time by the affirmative vote of five members of
the council without cause .
37
�������
��!����
(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
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 c omm i s s ion shal l have po wer to r ece ive , he ar
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 5ection 183.�J1.
(8 ) Each member of the commission, including the
e�a�����chair , shall be pa id for attend ing
scheduled meetings of the commission the sum of
$25 per meeting, the aggregate of such payments to
any one member for any one year not to exceed the
sum of $600."
Section 23.
That Section 183.16 of the Saint Paul Legislative Code be
and the same hereby is amended to read as follows :
"� 83.-� f� 183 . 20 . Enforcement � Procedures and
Requirements. ---
(1) An� �erson a��rieved by a violation of this
chapter m� bring a civil action seeking redress
for an unfair discriminatory practice as provided
� the Minnesota Human Rights Act, Chapter 363 ,
Withdrawal from a Local Commission.
(2) An� person a��rieved b� a violation of this
chapter may file a verified charge with the
director stating the name and address of the
person alle�ed to have committed an unfair
discriminatory practice, setting out the details
38
��`/0.��
,�,���J...-
of the practice complained of and, if applicable,
providing witnesses, documents, and any other
information re uired by the director. The
,---------- �—�-----
director � dismiss a charge when the complainant
fai—s to provide required information, fails to
cooperate with the investigation, or is unable to
be located � the director. The director shall
serve u on the respondent � mail a copy of the
char�e and a re�uest for a res�onse to the
allegations within the time period as specified �
the director.
(3) Whenever the director has reason to believe that a
person is engaging in an unfair disc m natory
priact e, the director m'ay i—ssue a charge stating
an alleged violation of a particular section of
Chapter 183 . �
(4) No action may be brought for civil enforcement or
criminal prosecution unless a signed written
statement of alleged discriminatory practice has
been received � the Saint Paul Human Rights
Department within the time period for filing a
claim as set forth in Minnesota Statutes Chapter
363 . Ob :�vb, „� .
(5) The director shall promptly investigate, u on
complaint or upon ��s the director' s own motion,
an� v olat ons of this chapter. If , after
investigation, ��$ the director shall have reason
to believe a violation�as occurred ,�� the
director. � refer the matter to the city attorney
for criminal prosecution, initiate civil
enforcement procedures as herein provided, or
enterinto a settlement agreement which, when
approved by the commission, shall have the same
force as a commission order.
No information or evidence obtained through a
civil enforcement �rocedure after a formal
complaint has been filed � the director shall be
used or introduced�n any criminal proceeding
arising out of the same violation."
39
��//?� �
`,�.��.�-�.�.-
Section 24.
That Section 183.161 be and the same hereby is amended to
read as follows :
"183.161. 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 �4� 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 or a
restraining order as it deems just and proper , but no
relief or order extending beyond ten days shall be
granted except by consent of the respondent or after
hearing upon notice to the respondent and a finding by
the court that there is reasonable cause to believe
that the respondent has engaged in a discriminatory
practice. Except as modified in this section, the
Minnesota Rules of Civil Procedure shall apply to an
application , and the district court shall have
authority to grant or deny such relief sought on
conditions as it deems just and equitable. All
hearings under this section shall be given precedence
as nearly as practicable over all other pending civil
actions ."
Section 25.
That Section 183.17 of the Saint Paul Legislative Code be
and the same hereby is amended to read as follows :
" 183.17. Statute of limitations. No action may
be brought for civ'il enforceme�r�t or criminal
prosecution �nless the charge of alleged discriminator�
practice was filed with the Saint Paul Human Rights
Department within �8� el��� one ear from the occurrence
of the practice."
4 P!
����e�� ��
�/����_
Section 26.
That Chapter 183 of the Saint Paul Legislative Code be and
the same hereby is amended by adding a new Section 183.17� which
shall read as follows : `'���f
f
v����r
183 . 1 : ' Limitations on Waiver.
(1) Prospective waiver prohibited. A� provision,
whether oral or wr tten, of a lease, contract, or
other agreement o—rT trument, wh ch purports to
be a waiver by an individual of any� or
remed� provided in this chapter is contrary to
ublic oli 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. `
(2) Recission of waiver. A waiver or release of
rights or remedies secured by this chapter which
purports to apPly to c—�ms arising out of acts or
practices prior to , or concurrent with , the
execution of the waiver or release may be
rescinded within 15 calendar da�s of its
execution, except that a waiver or release iven
in settlement of a claim filed with the department
or with another administra—tive agency or judicial
body is valid and final u on execution. A waiving
or releas ni g party shall be informed in writing of
the right to rescind the waiver or release. To be
effect e, the rescission must be in writing and
delivered to the waived or released art either
� hand or ma 1 w i' t n the 15 day per i od. I f
delivered� mail, the rescission must be:
(a) postmarked within the 15 � period;
(b) properly addressed to the waived or released
art ; and — —
(c) sent b� certified mail return receipt
---- — — ---- ------ ----
requested."
Section 27.
That Section 183.18 of the Saint Paul Legislative Code be
and the same hereby i s amended to read as follows :
41
�������
/,�5.��_..-
"� ����8i�183 . 24 . Civ il Enforcement Hearin�
Procedure. Except as otherwise provided for violation
of Section 183. PJ4 , 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
cer ti f ied ma il a compla int, signed by ��tt� 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 hear ing shal l not be less than 2 P1 days a fter
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 den ied by the d irec tor .
(3 ) The complaint or answer may be amended at any time
prior to the hearing with the consent of the
opposing party.
(4 ) Hearinqs shall be before a panel of three
commissioners designated by the ������a�� chair
presided over by an attoreny who is not a member
of the commission as �����i��� chair and law
officer. All members of a panel shall be paid $1�J
per hour spent in performance of their duties;
provided , however , that the payments hereunder
shall not exceed for any person $1 , 5(�P! per year .
The law officer shall rule on all legal questions
presented but shall not participate in the panel's
del iberations. The parties shall not be bound by
the Minnesota Rules of Evidence and the law
officer may adm it ev idence 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, immater ial and repeti tive
ev id enc e.
(5 ) The director may obtain subpoenas from the
c� istrict court to compel the attendance of
witnesses and the production of documents at any
hear ing .
42
��"�-//3 �
�';���=.5 °
(6 ) If, after hearing , the panel shall conclude that a
violation has occurred, it shall prepare an order
_ _
which may ee����� a�� ��e������ ����e� ��§������
�e d� �t�s���� �+� ��� �9��������� b� �� ���V���
���€�i�� �������e�sr 3��1, �� ��� ���+esT ��g� ���8
��d�� ��e ����e�id��� �� �i�� �� �����2��� ����y� vt�9
��� ��€€���� d�se���#t�a��4e� ��3i���?��e d�i����s #� s�
at�e��� �� �e $�����: ��e ����� �a� ��e��d�
���a�e� ��� �e���� ���t���� e� s��€�����T �� ���
av���� ��€ �e���������� �1������: requ i re the
respondent to pay a complainant, who has suffered
discrimination, compensatory damages in an amount
up to three times the actual damages sustained.
In all cases , the panel ma� also order the
responc3ent to pay a complainant who has suffered
discrimination, damages for mental an�u—ish or
suffering, in addition to punitive damages in an
amount not more than the maximum set forth in
Minnesota Statutes Chapter 363 . An� �unitive
damages awarded shall be in conform� with Minn.
Stat. Section 549 .2P1.
�� The order may include provisions which require
the respondent to rent, sell , or lease particular
���s��� real �roperty to the complainant, place or
reinstate him i p rticular job with or without
back pay, f ile per iod ic compl iance reports, or to
do any other thing as may be j ust. I f a lessor,
after engaging in a discriminatory �ractice
defined in section 183 .06 , leases or rents a
dwel g 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 � a ep rson �
reason of a final order requiring the ep rson to be
evicted from the dwelling unit. The panel's order
� also requ ri e respondent to p�ra up to $6P101 for
investigation and enforcement costs, for those
cases not duly filed with the Uited States
Department of Housing and IIrban Development. The
panel' s order ma� require respondent to �a�
reasonable city attorney' s fees.
(7 } The Commission shall adopt policies to provide
sanctions for intentional and�r fr volous delay
caused by any com�lainant or respondent in an
investigation, hearin , or any other aspect of
proceedings before the de artment under this
chapter.
43
���'/,� 7-�'
%�'��j
(8 ) The panel ' s find ing s o f fac t 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 days after mailing
of the finc� ings 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
wi th the final order of the comm ission after the
expiration of the thirty 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 �i�� reasonable
attorneys' fees , not to exceed $35�, arising out
of preparation for or appearance at such
commission or panel hear ing or hear ings, pa id from
the funds of the department at the conclusion of
proceedings in the case .
#8��} (10) When the director determines that violation of
Section 183.014 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 1��#s the director's
proposed findings and application for an order
enforcing such findings. The director's proposed
findings and ��� the director's 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
en�age in such discriminatory practice , the
—s------
director ma� so certify to the licensi�or
44
��`-i/�'�
%��,��,
regulatory agency. Unless such determination of
discriminatory practice is reversed in the course
of judicial review, a final determination s
binding on the licensing or regulatory agency.
Such a�ency m� 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 a tc ion. " �
Section 28.
That Section 183.19 of the Saint Paul Legislative Code be
and the same hereby is amended to read as follows :
"�8�3r�} 183 .25 . Judicial Enforcement and Review.
The director may obtain judicial review and enforcement
of commission orders and any party aggrieved may obtain
judicial review of commission orders in the manner
provided by the Law of Minnesota for 1965, Chapter 866.
A�n petition for judicial review must be scheduled for
a hearing before the distric�our—t n special term no
later than 641 days after the filing of such petition."
Section 29.
That Chapter 183 of the Saint Paul Legislative Code be and
the same hereby is amended by adding a new Section 183.21 which
shall read as follows :
"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 distrlct court of the county where the
alleged unfair discriminatory practice in connection
wi�th a charge made � a complainant or a com laint
filed b� the director has occurred or where the
----- --- --- ----- -- ----- ---
respondent resides or has a principal place of
business." — —
Section 30.
That Chapter 183 of the Saint Paul Legislative Code be and
the same hereby is amended b� adding a new Section 183. 23 which
shall read as follows :
"183.23 . Access to Case Files. Access to case
files shall be in accordance with Minnesota Statutes. "
45
WHITE - CITV CLERK
PINK - FINANCE GITY OF SAINT PAUL Council �`�//�
BLVERr-MAVORTMENT File NO. �V ��� �
� ` rdindnce
Ordinance N 0. ��`J�`�
.
Presented By
Referre Committee: Date
Out of Committee By Date
Section 31 .
That Chapter 183 of the Saint Paul Legislative Code be and
the same hereby is amended by adding a new Section 183.26 which
shall read as follows:
"183.26. Construction. The provisions of this
cha�ter shall be construed liberall� for the
accomplishment of the purposes thereof. Nothing
contained in this chapter shall be deemed to repeal �
of the provisions of the civil rights law or of a�
other law of this city relating to discrimination
because of race, creed, religion, color, sex, nat onal
origin, ancestry, a e, disability, marital status, or
status with regard to public assistance. "
Section 32.
That Chapter 183 of the Saint Paul Legislative Code be and
the same hereby is amended by adding a new Section 183.27 which
shall read as follows :
"183.27. The City Attorney shall rovide legal
counsel for the Department and the C—o m ssion. '
Section 33.
This ordinance shall take effect and be in force thirty (30)
days from and after its passage, approval and publication.
COUNCIL MEMBERS Requested by Depactment of:
Yeas Nays
Dimond M
�� �L In Favor
Goswitz
Rettman
Sc6eibel A gai n s t BY
Sonnen
Wilson
AU�j' � Q �g Form Approved by City Attorney
Adopted by Council: Date
Certified Pas by Council Secretary BY 'Ja�'�' �'
BY . �-L � C
Appcov b Mayor: Date �C� - � APP o by Mayor for Sub ' s' ncil
/�
B
pt1�lISHEO S F P � p 1988
r _ -- _ _ _
� . ► ��-�i3�'ir��-�'
. � N°_ 013628 �
Human Rights DEPARTMENT •
Marilyn Johnson CONTACT NAME �
298-4288 PHONE �
March 22, 1988 DATE
ASSIGN NUMBER FOR ROUTING ORDER: (See reverse side.)
� Department Director 3 Mayor (or Assistant)
_ Finance and Management Services Director � City Clerk
Budget Director
� City Attorney _
TOTAL NUMBER OF SIGNATURE PAGES: (Clip all locations for signature.)
WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/Rationale)
These Ordinance Amendments will more completely define certain provisions of the Saint
Paul Human Rights Ordinance, Section 183 of the Legislative Code. Also, the proposed
Amendments will expand protections, and gender specific language will be deleted from �
the Ordinance.
COST/BENEFIT. BUDGETARY. AND PERSONNEL IMPACTS ANTICIPATED: `
There are no budgetary and personnel impacts presently anticipated. The proposed Amendments
include provisions for investigative costs and City Attorneys costs to be recoverable in
an administrative hearing if the Complainant prevails.
FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED:
(Mayor's signature not required if under $10,000.) �
Total Amount of Trans�ction: Activity Number:
Funding Source:
ATTACHMENTS: (List and number. all attachments.)
Transmittal Letter
Ordinance Amendments �
ADMINISTRATIVE PROCEDURES �
_Yes X No Rules, Regulations, Procedures, or Budget Amendment required?
_Yes _No If yes, are they or timetable attached?
DEPARTMENT REVIEW CITY ATTORNEY REVIEW
_Yes X No Council resolution required� Resolution required? _Yes _No
_Yes X No Insurance required? Insurance sufficient? _Yes No
_Yes �No Insurance attached?
��-�3�
Members: .,�
�� �., � R`�CEIVED ��TY OF SAZN'1` PAUL Kiki Sonnen,chair���
Roger Goswitz
` ;:• .•�:, e
�.'• �,��1�° • AuG Q$ �3aa Ol±`FICF OF '1`FI� CI'rY COUNCIL BOb LO�q
� . CITY CLERK stat�:
A enda Date: Frida , Au usc 5, 1988 Joe Hannasch. Research
KIKI SONNEN $ Y �
Councilmember ' T@ftl B}/rtiQ,Secretary
MOLLY O•ROURKS Jane McPeak,Attomey
Legislative Aide ��
Rules and Policy Committee Repor� �. �
. ��71
1. Approval of minutes of the July 8, 1988 Meeting. COMMITTEE APPROVED
2. Update on progress of Neighborhood Empowerment pro3ect.
NO COMMITTEE ACTION REQUIRED
�► 3. Resolution 4�88-1179 - Amending the 1988 budget by transferring $6,000 to Mayar's
Office for gifts to various dignitaries. (Referred to Committee 7/21/88)
COMMITTEE RECOMMENDED APPROVAL
�► 4. Resolution �88-1187 - Approving appointment of Gary Trudeau to represent the
Fire Department on the Court Ordered Affirmative Action Advisory Committee.
(Referred to Committee 7/Z1/88)
COMMITTEE RECOMMENDED APPROVAL
�' S. Resolution �88-1189 - Approving the reappointments of Barbara Metzger, Rosa Smith
and Robert Avina to the Human Rights Commission (Referred to Courmittee 7/21/88)
r COMMITTEE RECOMMENDED APPROVAL
�' 6. Resolution 4�88-1190 - Approving the appointments of Dar3.ene Morse, Kathleen Ramirez,
Jeffrey Hazen, Gordon Clarron, and Judy Hanson; and the reappointments of Steve
Bertrand, Marilyn Brache, Marge Hinker, Robert Jirik, Terrance Kayser, Bruce Larsoa,
Jeanette McDougal, Thomas Shaw, Jurlean Smith, Regina t�iblishauser, Naacy Willing,
and Wayne Wittman to the Committee for People with Disabilities
(Referred to Committee 7/21/88) COMMITTEE RECOMMENDED APPROVAL
�'.7. Resolution ��88-1162 :- Appointing Linda A. Miller to represent the Human Rights "
Department in the complaint of James Fowers vs. the PHA and appointing
Jeffrey A. -Hassen as hearing officer (Referred to Committee 7/19/88)
COMMITTEE RECOrIlKENDED APPROVAL
� "8. Resolution �i88-1237 - Authorizing retaining services of attorney Thomas Mooney
regarding complaint of Human Rights for Jesse Thomas vs. Raymond & Harlan Heichel
and charging Mooney's compensation to Human Rights budget. (Referred to
Committee 7/28/88) COMMITTEE RECOMMENDED APPROVAL
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�'� 9. Ordinance ��88�- Amending Chapter 183 of the Legislative Code regarding Human
� Rights, which more completely defines certain provisions, expands protections
and deletes gender specific language (Referred to Committee 7/14/88)
�'`- -._,.,_COMMITTEE RECOMMENDED APPROVAL, WITH AMENDMENTS
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10. Resolution ��88-945 - Requiring all ordinances and appropriate resalutions to include
a statement of purpose and findings of fact in their final form. (Referred to
Committee 6/14/88 and laid over in committee from 7/8/88)
CONIlKITTEE RECOMMENDED ONE MONTH LAYQVER
(continued on reverse side)
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