HF 3540

HF3540 FIRST ENGROSSMENT  REVISOR  SGS  H3540-1
This Document can be made available
in alternative formats upon request  State of Minnesota
  HOUSE OF REPRESENTATIVES
  NINETY-FOURTH SESSION
  H. F. No.   3540
02/19/2026    Authored by Bliss
  The bill was read for the first time and referred to the Veterans and Military Affairs Division
02/26/2026    Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law
1.1A bill for an act
1.2relating to human rights; providing protection for veterans in the Minnesota Human
1.3Rights Act; amending Minnesota Statutes 2024, sections 363A.02, subdivision 1;
1.4363A.03, by adding a subdivision; 363A.08, subdivisions 1, 2, 3, 4; 363A.09,
1.5subdivisions 1, 2; 363A.11, subdivision 1; 363A.12, subdivision 1; 363A.13,
1.6subdivision 2; 363A.20, by adding a subdivision.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8Section 1. Minnesota Statutes 2024, section 363A.02, subdivision 1, is amended to read:
1.9Subdivision 1. Freedom from discrimination. (a) It is the public policy of this state to
1.10secure for persons in this state, freedom from discrimination:
1.11(1) in employment because of one or more of the following: race, color, creed, religion,
1.12national origin, sex, gender identity, marital status, veteran or military status, disability,
1.13status with regard to public assistance, sexual orientation, familial status, and age;
1.14(2) in housing and real property because of one or more of the following: race, color,
1.15creed, religion, national origin, sex, gender identity, marital status, veteran or military status,
1.16disability, status with regard to public assistance, sexual orientation, and familial status;
1.17(3) in public accommodations because of one or more of the following: race, color,
1.18creed, religion, national origin, sex, gender identity, sexual orientation, veteran or military
1.19status, and disability;
1.20(4) in public services because of one or more of the following: race, color, creed, religion,
1.21national origin, sex, gender identity, marital status, veteran or military status, disability,
1.22sexual orientation, and status with regard to public assistance; and
Section 1.  1
HF3540 FIRST ENGROSSMENT  REVISOR  SGS  H3540-1
2.1      (5) in education because of one or more of the following: race, color, creed, religion,
2.2  national origin, sex, gender identity, marital status, veteran or military status, disability,
2.3  status with regard to public assistance, sexual orientation, and age.
2.4      (b) Such discrimination threatens the rights and privileges of the inhabitants of this state
2.5  and menaces the institutions and foundations of democracy. It is also the public policy of
2.6  this state to protect all persons from wholly unfounded charges of discrimination. Nothing
2.7  in this chapter shall be interpreted as restricting the implementation of positive action
2.8  programs to combat discrimination.
2.9    Sec. 2. Minnesota Statutes 2024, section 363A.03, is amended by adding a subdivision to
2.10 read:
2.11     Subd. 51. Veteran or military status. "Veteran or military status" means a member of
2.12 the armed forces, including active and reserve components of the United States Army, Navy,
2.13 Air Force, Marine Corps, or Coast Guard and the National Guard of a state, a military
2.14 veteran as defined in United States Code, title 38, section 101, et seq., or a veteran of the
2.15 Secret War in Laos under section 197.448.
2.16   Sec. 3. Minnesota Statutes 2024, section 363A.08, subdivision 1, is amended to read:
2.17     Subdivision 1. Labor organization. Except when based on a bona fide occupational
2.18 qualification, it is an unfair employment practice for a labor organization, because of race,
2.19 color, creed, religion, national origin, sex, gender identity, marital status, status with regard
2.20 to public assistance, familial status, veteran or military status, disability, sexual orientation,
2.21 or age:
2.22     (1) to deny full and equal membership rights to a person seeking membership or to a
2.23 member;
2.24     (2) to expel a member from membership;
2.25     (3) to discriminate against a person seeking membership or a member with respect to
2.26 hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities, or
2.27 privileges of employment; or
2.28     (4) to fail to classify properly, or refer for employment or otherwise to discriminate
2.29 against a person or member.
Sec. 3.  2
HF3540 FIRST ENGROSSMENT  REVISOR  SGS  H3540-1
3.1    Sec. 4. Minnesota Statutes 2024, section 363A.08, subdivision 2, is amended to read:
3.2      Subd. 2. Employer. Except when based on a bona fide occupational qualification, it is
3.3  an unfair employment practice for an employer, because of race, color, creed, religion,
3.4  national origin, sex, gender identity, marital status, status with regard to public assistance,
3.5  familial status, veteran or military status, membership or activity in a local commission,
3.6  disability, sexual orientation, or age to:
3.7      (1) refuse to hire or to maintain a system of employment which unreasonably excludes
3.8  a person seeking employment; or
3.9      (2) discharge an employee; or
3.10     (3) discriminate against a person with respect to hiring, tenure, compensation, terms,
3.11 upgrading, conditions, facilities, or privileges of employment.
3.12   Sec. 5. Minnesota Statutes 2024, section 363A.08, subdivision 3, is amended to read:
3.13     Subd. 3. Employment agency. Except when based on a bona fide occupational
3.14 qualification, it is an unfair employment practice for an employment agency, because of
3.15 race, color, creed, religion, national origin, sex, gender identity, marital status, status with
3.16 regard to public assistance, familial status, veteran or military status, disability, sexual
3.17 orientation, or age to:
3.18     (1) refuse or fail to accept, register, classify properly, or refer for employment or
3.19 otherwise to discriminate against a person; or
3.20     (2) comply with a request from an employer for referral of applicants for employment
3.21 if the request indicates directly or indirectly that the employer fails to comply with the
3.22 provisions of this chapter.
3.23   Sec. 6. Minnesota Statutes 2024, section 363A.08, subdivision 4, is amended to read:
3.24     Subd. 4. Employer, employment agency, or labor organization. (a) Except when
3.25 based on a bona fide occupational qualification, it is an unfair employment practice for an
3.26 employer, employment agency, or labor organization, before a person is employed by an
3.27 employer or admitted to membership in a labor organization, to:
3.28     (1) require or request the person to furnish information that pertains to race, color, creed,
3.29 religion, national origin, sex, gender identity, marital status, status with regard to public
3.30 assistance, familial status, veteran or military status, disability, sexual orientation, or age;
3.31 or, subject to section 363A.20, to require or request a person to undergo physical examination;
Sec. 6.  3
HF3540 FIRST ENGROSSMENT  REVISOR  SGS  H3540-1
4.1  unless for the sole and exclusive purpose of national security, information pertaining to
4.2  national origin is required by the United States, this state or a political subdivision or agency
4.3  of the United States or this state, or for the sole and exclusive purpose of compliance with
4.4  the Public Contracts Act or any rule, regulation, or laws of the United States or of this state
4.5  requiring the information or examination. A law enforcement agency may, after notifying
4.6  an applicant for a peace officer or part-time peace officer position that the law enforcement
4.7  agency is commencing the background investigation on the applicant, request the applicant's
4.8  date of birth, gender, and race on a separate form for the sole and exclusive purpose of
4.9  conducting a criminal history check, a driver's license check, and fingerprint criminal history
4.10 inquiry. The form shall include a statement indicating why the data is being collected and
4.11 what its limited use will be. No document which has date of birth, gender, or race information
4.12 will be included in the information given to or available to any person who is involved in
4.13 selecting the person or persons employed other than the background investigator. No person
4.14 may act both as background investigator and be involved in the selection of an employee
4.15 except that the background investigator's report about background may be used in that
4.16 selection as long as no direct or indirect references are made to the applicant's race, age, or
4.17 gender; or
4.18     (2) seek and obtain for purposes of making a job decision, information from any source
4.19 that pertains to the person's race, color, creed, religion, national origin, sex, gender identity,
4.20 marital status, status with regard to public assistance, familial status, disability, sexual
4.21 orientation, or age, unless for the sole and exclusive purpose of compliance with the Public
4.22 Contracts Act or any rule, regulation, or laws of the United States or of this state requiring
4.23 the information; or
4.24     (3) cause to be printed or published a notice or advertisement that relates to employment
4.25 or membership and discloses a preference, limitation, specification, or discrimination based
4.26 on race, color, creed, religion, national origin, sex, gender identity, marital status, status
4.27 with regard to public assistance, familial status, disability, sexual orientation, or age.
4.28     (b) Any individual who is required to provide information that is prohibited by this
4.29 subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28,
4.30 subdivisions 1 to 9.
4.31   Sec. 7. Minnesota Statutes 2024, section 363A.09, subdivision 1, is amended to read:
4.32     Subdivision 1. Real property interest; action by owner, lessee, and others. It is an
4.33 unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent
Sec. 7.  4
HF3540 FIRST ENGROSSMENT  REVISOR  SGS  H3540-1
5.1  of, or other person having the right to sell, rent or lease any real property, or any agent of
5.2  any of these:
5.3      (1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or
5.4  group of persons any real property because of race, color, creed, religion, national origin,
5.5  sex, gender identity, marital status, veteran or military status, status with regard to public
5.6  assistance, disability, sexual orientation, or familial status; or
5.7      (2) to discriminate against any person or group of persons because of race, color, creed,
5.8  religion, national origin, sex, gender identity, marital status, status with regard to public
5.9  assistance, disability, sexual orientation, or familial status in the terms, conditions or
5.10 privileges of the sale, rental or lease of any real property or in the furnishing of facilities or
5.11 services in connection therewith, except that nothing in this clause shall be construed to
5.12 prohibit the adoption of reasonable rules intended to protect the safety of minors in their
5.13 use of the real property or any facilities or services furnished in connection therewith; or
5.14     (3) in any transaction involving real property, to print, circulate or post or cause to be
5.15 printed, circulated, or posted any advertisement or sign, or use any form of application for
5.16 the purchase, rental or lease of real property, or make any record or inquiry in connection
5.17 with the prospective purchase, rental, or lease of real property which expresses, directly or
5.18 indirectly, any limitation, specification, or discrimination as to race, color, creed, religion,
5.19 national origin, sex, gender identity, marital status, status with regard to public assistance,
5.20 disability, sexual orientation, or familial status, or any intent to make any such limitation,
5.21 specification, or discrimination except that nothing in this clause shall be construed to
5.22 prohibit the advertisement of a dwelling unit as available to adults-only if the person placing
5.23 the advertisement reasonably believes that the provisions of this section prohibiting
5.24 discrimination because of familial status do not apply to the dwelling unit.
5.25   Sec. 8. Minnesota Statutes 2024, section 363A.09, subdivision 2, is amended to read:
5.26     Subd. 2. Real property interest; action by brokers, agents, and others. It is an unfair
5.27 discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent
5.28 thereof:
5.29     (1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property
5.30 to any person or group of persons or to negotiate for the sale, rental, or lease of any real
5.31 property to any person or group of persons because of race, color, creed, religion, national
5.32 origin, sex, gender identity, marital status, veteran or military status, status with regard to
5.33 public assistance, disability, sexual orientation, or familial status or represent that real
5.34 property is not available for inspection, sale, rental, or lease when in fact it is so available,
Sec. 8.  5
HF3540 FIRST ENGROSSMENT  REVISOR  SGS  H3540-1
6.1  or otherwise deny or withhold any real property or any facilities of real property to or from
6.2  any person or group of persons because of race, color, creed, religion, national origin, sex,
6.3  gender identity, marital status, status with regard to public assistance, disability, sexual
6.4  orientation, or familial status; or
6.5(2) to discriminate against any person because of race, color, creed, religion, national
6.6  origin, sex, gender identity, marital status, status with regard to public assistance, disability,
6.7  sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental
6.8  or lease of real property or in the furnishing of facilities or services in connection therewith;
6.9  or
6.10(3) to print, circulate, or post or cause to be printed, circulated, or posted any
6.11 advertisement or sign, or use any form of application for the purchase, rental, or lease of
6.12 any real property or make any record or inquiry in connection with the prospective purchase,
6.13 rental or lease of any real property, which expresses directly or indirectly, any limitation,
6.14 specification or discrimination as to race, color, creed, religion, national origin, sex, gender
6.15 identity, marital status, status with regard to public assistance, disability, sexual orientation,
6.16 or familial status or any intent to make any such limitation, specification, or discrimination
6.17 except that nothing in this clause shall be construed to prohibit the advertisement of a
6.18 dwelling unit as available to adults-only if the person placing the advertisement reasonably
6.19 believes that the provisions of this section prohibiting discrimination because of familial
6.20 status do not apply to the dwelling unit.
6.21   Sec. 9. Minnesota Statutes 2024, section 363A.11, subdivision 1, is amended to read:
6.22Subdivision 1. Full and equal enjoyment of public accommodations. (a) It is an unfair
6.23 discriminatory practice:
6.24(1) to deny any person the full and equal enjoyment of the goods, services, facilities,
6.25 privileges, advantages, and accommodations of a place of public accommodation because
6.26 of race, color, creed, religion, disability, national origin, marital status, veteran or military
6.27 status, sexual orientation, sex, or gender identity, or for a taxicab company to discriminate
6.28 in the access to, full utilization of, or benefit from service because of a person's disability;
6.29 or
6.30(2) for a place of public accommodation not to make reasonable accommodation to the
6.31 known physical, sensory, or mental disability of a disabled person. In determining whether
6.32 an accommodation is reasonable, the factors to be considered may include:
Sec. 9.  6
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7.1      (i) the frequency and predictability with which members of the public will be served by
7.2  the accommodation at that location;
7.3      (ii) the size of the business or organization at that location with respect to physical size,
7.4  annual gross revenues, and the number of employees;
7.5      (iii) the extent to which disabled persons will be further served from the accommodation;
7.6      (iv) the type of operation;
7.7      (v) the nature and amount of both direct costs and legitimate indirect costs of making
7.8  the accommodation and the reasonableness for that location to finance the accommodation;
7.9  and
7.10     (vi) the extent to which any persons may be adversely affected by the accommodation.
7.11     (b) State or local building codes control where applicable. Violations of state or local
7.12 building codes are not violations of this chapter and must be enforced under normal building
7.13 code procedures.
7.14   Sec. 10. Minnesota Statutes 2024, section 363A.12, subdivision 1, is amended to read:
7.15     Subdivision 1. Access to public service. It is an unfair discriminatory practice to
7.16 discriminate against any person in the access to, admission to, full utilization of or benefit
7.17 from any public service because of race, color, creed, religion, national origin, disability,
7.18 veteran or military status, sex, gender identity, sexual orientation, or status with regard to
7.19 public assistance or to fail to ensure physical and program access for disabled persons unless
7.20 the public service can demonstrate that providing the access would impose an undue hardship
7.21 on its operation. In determining whether providing physical and program access would
7.22 impose an undue hardship, factors to be considered include:
7.23     (1) the type and purpose of the public service's operation;
7.24     (2) the nature and cost of the needed accommodation;
7.25     (3) documented good faith efforts to explore less restrictive or less expensive alternatives;
7.26 and
7.27     (4) the extent of consultation with knowledgeable disabled persons and organizations.
7.28     Physical and program access must be accomplished within six months of June 7, 1983,
7.29 except for needed architectural modifications, which must be made within two years of June
7.30 7, 1983.
Sec. 10.  7
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8.1    Sec. 11. Minnesota Statutes 2024, section 363A.13, subdivision 2, is amended to read:
8.2      Subd. 2. Exclude, expel, or selection. It is an unfair discriminatory practice to exclude,
8.3  expel, or otherwise discriminate against a person seeking admission as a student, or a person
8.4  enrolled as a student because of race, color, creed, religion, national origin, sex, gender
8.5  identity, age, marital status, veteran or military status, status with regard to public assistance,
8.6  sexual orientation, or disability.
8.7    Sec. 12. Minnesota Statutes 2024, section 363A.20, is amended by adding a subdivision
8.8  to read:
8.9      Subd. 11. Veterans status. Nothing in this chapter supersedes, nullifies, or repeals
8.10 preferential treatment of veterans in federal, state, or local law.
Sec. 12.  8