§ 139.20. Definitions.  


Latest version.
  • For the purposes of this title, the following definitions shall apply:

    Age : The prohibition against unfair practices based upon age prohibits using a person's age as a basis for a decision if the person is eighteen (18) years of age or older, except for section 139.40(k), which shall be deemed to protect any individual over the age of twenty-five (25) years.

    Agencies of any county : A county, and any office, officer, department, division, bureau, board, commission, authority, district or agency of a county.

    Agencies of the State of Minnesota : The State of Minnesota, the University of Minnesota, the Minnesota State Colleges and Universities (MSCU) system, and any office, officer, department, division, bureau, board, commission, authority, district or agency of the State of Minnesota.

    American Indian : For the purpose of meeting any goals required pursuant to section 139.50, "American Indian" shall mean any person who is an enrolled member of an Indian tribe, or who is a descendent in the first or second degree of any such member, or who is recognized as an Indian by the Secretary of the Interior.

    Auxiliary aids or services : Include, but are not limited to: providing taped texts; interpreters or other methods of making orally delivered materials available; readers in libraries; adapted classroom equipment; and similar auxiliary aids or services.

    Business : Any partnership, association, corporation, legal representative, trustee, trustee in bankruptcy, or receiver. Business does not include the city and its departments, agencies, independent boards and commissions, the state and its departments and agencies, or other political subdivisions of the state.

    Commission : The Minneapolis Commission on Civil Rights.

    Conciliation : A process convened by the department for the purpose of negotiating a mutually agreeable remedy between the applicable parties and the department after a finding of probable cause.

    Complainant : A person who has filed an allegation of unlawful discrimination with the Minneapolis Department of Civil Rights, or the director when the director files a charge.

    Contract : For the purposes of ordinance provisions governing contracts with the city, "contract" means any contract or agreement entered into by the city for the provision of goods, services, buildings, improvements and other public works or development property in excess of one hundred thousand dollars ($100,000.00).

    Department : The Minneapolis Department of Civil Rights.

    Development contract : Any contract or agreement entered into by the city pursuant to which the city or the Minneapolis Community Development Agency provides direct or indirect financial assistance in excess of one hundred thousand dollars ($100,000.00) to a developer or owner of real property to facilitate construction or rehabilitation.

    "Development contract" shall not include:

    (1)

    Low income housing tax credits provided pursuant to 26 U.S.C., Section 42.

    (2)

    Taxable or tax-exempt financing issued for projects located outside of the City of Minneapolis.

    (3)

    Small business loan programs where public dollars are leveraged or supplemented with private dollars of a participating lender that originates, services and collects the public and private loan payments under an agreement with the city.

    (4)

    Neighborhood revitalization program funds used for the construction or rehabilitation of seven (7) or fewer residential units where the amount of the assistance is one hundred thousand dollars ($100,000.00) or less.

    (5)

    Neighborhood revitalization program funds used for the construction or rehabilitation of a commercial or industrial property where the amount of the assistance is one hundred thousand dollars ($100,000.00) or less.

    (6)

    Assistance to an organization that promotes affordable home ownership opportunities through the extensive use of volunteer labor and/or sweat equity components to rehabilitate or construct dwellings.

    (7)

    Land sales for fair market value with no other assistance to the purchaser greater than one hundred thousand dollars ($100,000.00).

    (8)

    Financial assistance used to rehabilitate or construct a single-family dwelling or duplex to be owned and occupied by the recipient of the financial assistance.

    Director : The director of the Minneapolis Department of Civil Rights and his or her designee.

    Disability : Any condition or characteristic that causes a person to become a person with a disability. A person with a disability is any person who:

    (1)

    Has a physical, sensory or mental impairment which materially limits one (1) or more major life activities; or

    (2)

    Has a record of such an impairment; or

    (3)

    Is perceived as having such an impairment.

    Discriminate or discrimination : Includes any act, attempted act, policy or practice, which results in the unequal treatment, separation or segregation of or which otherwise adversely affects any person who is a member of a class or combination of classes protected by this title.

    Dwelling : As defined in Title 12, Chapter 244, Article I.

    Dwelling unit : As defined in Title 12, Chapter 244, Article I.

    Educational institution : A public or private institution located or operating in the City of Minneapolis which performs educational services, including an academy, college, elementary or secondary school, extension course, kindergarten, nursery school system, business, nursing, professional, secretarial, technical or vocational school; and further includes any agent or employee of an educational institution.

    Emancipated minor status : The condition of being a person who is not eighteen (18) years of age or older and:

    (1)

    Who has been declared by the court to be emancipated with respect to financial support, as long as that declaration is current, valid and enforceable, or

    (2)

    Who has been allowed, through a court order under Minnesota Statutes, Chapter 260C, to live independently, either alone or with others, as long as that court order is still current, valid, and enforceable.

    Employ : To use or be entitled to the use and benefit of the services of a person as an employee.

    Employee : Includes all persons who seek to, apply to, or perform services for any employer for compensation, whether in the form of wages, salaries, commissions or otherwise.

    Employer : Includes any person within the City of Minneapolis who hires or employs any employee, and any person wherever situated who hires or employs any employee whose services are to be partially or wholly performed in the City of Minneapolis.

    Employment : The state of being employed as an employee by an employer.

    Employment agency : Any person located or operating in the City of Minneapolis, regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer.

    Entity under review : A bidder, responder to a request for proposals, developer, owner or prospective contractor seeking to contract with the City or the Minneapolis Community Development Agency.

    Equity : The guarantee of fair and just opportunities and outcomes for all people, while at the same time striving to identify and eliminate barriers that have prevented the full participation of some groups.

    Familial status : The condition of one (1) or more minors residing with (1) their parent or parents or the minor's legal guardian or (2) the designee of the parent or parents or guardian with the written permission of the parent or parents or guardian. The protections afforded against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of an individual who has not attained the age of majority.

    Gender identity : A person's actual or perceived self-image or identity as expressed through dress, appearance, behavior, speech or similar characteristics, whether or not traditionally associated with the person's physical anatomy, chromosomal sex, or sex assigned at birth.

    Hearing committee : A committee of three (3) persons who have been designated by the chairperson of the commission to hear an appeal after a determination of probable cause or a finding of non-compliance and referral by the director.

    Hire : To engage or contract for, or attempt to engage or contract for, the services of any person as an employee.

    Housing Choice Vouchers or HCV : Tenant-based assistance under the United States Housing Act of 1937, 42 U.S.C. § 1437f(o) (also known as Section 8).

    Housing for older persons : Housing:

    (1)

    Provided under any federal, state or local program that the director determines is specifically designed and operated to assist elderly persons, as defined in the federal, state or local program; or

    (2)

    Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or

    (3)

    Intended and operated for occupancy by at least one (1) person fifty-five (55) years of age or older per unit, provided that:

    a.

    At least eighty (80) percent of the units are occupied by at least one (1) person fifty-five (55) years of age or older per unit.

    b.

    There is publication of, and adherence to, policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons fifty-five (55) years of age or older.

    Housing does not fail to meet the requirements for "housing for older persons" by reason of persons residing in such housing as of September 13, 1988, who do not meet the age requirements of this definition if new occupants of the housing meet the age requirements of this definition. In addition, housing does not fail to meet the requirements by reason of unoccupied units if unoccupied units are reserved for occupancy by persons who meet the age requirements of this subsection.

    Labor organization : Includes any person, employee representation committee or plan in which employees participate, or any agent or employee thereof, which operates in the City of Minneapolis or whose members live or are employed in the City of Minneapolis, and which exists wholly or in part for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment and shall include any conference, general committee, joint or system board, or joint council.

    Landlord : As defined in Minnesota Statutes, Section 504B.001.

    Lawyer : A person duly authorized and licensed by the State of Minnesota or any other state to engage in the practice of law.

    Marital status : The state of being single, married, remarried, divorced, separated, or a surviving spouse and, in employment cases, includes protection against discrimination on the basis of the identity, situation, actions, or beliefs of a spouse or former spouse.

    Mediation : A forum in which a neutral third party facilitates communication between parties to assist the parties in their attempts to reach a mutually acceptable agreement.

    National origin : An individual's actual or perceived characteristics related to her or his place of birth, the individual's ancestor's place of birth, language, culture, accent, ethnicity, or appearance of ethnicity.

    Person : Includes one (1) or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, public bodies or public corporations, including but not limited to the City of Minneapolis or any department or unit thereof, any other legal or commercial entity, and any agent or employee of all the foregoing.

    Professional organization : Includes, but is not limited to, any person, organization, association, collective, or group which requires for membership any educational, experiential, professional or other credentials and provides services associated with the occupation, trade or professional around which the professional organization was formed to promote and service.

    Program access :

    (1)

    The use of auxiliary aids or services to ensure full and equal use of or benefit from goods, services, and privileges.

    (2)

    The absence of criteria or methods of administration that directly, indirectly, or through contractual or other arrangements, have the effect of subjecting qualified disabled persons to discrimination on the basis of disability, or have the effect of defeating or impairing the accomplishment of the objectives of the program.

    Program access does not include providing attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.

    Public accommodations : Includes all services or facilities, other than governmental, of any kind offered or located within the City of Minneapolis which are generally open or offered to the public or which generally solicit public patronage or usage, whether operated for profit or not.

    Public assistance program : Federal, state or local assistance, including medical assistance, or tenant-based federal, state or local subsidies, including, but not limited to, rental assistance, rent supplements, and housing choice vouchers.

    Public services : Includes all activities, services or facilities offered to the public within the City of Minneapolis by any governmental agency or unit of government owned, operated or managed by any local, state or federal government, including, but not limited to, the Minneapolis Community Development Agency and Special School District No. 1.

    Qualified person with a disability :

    (1)

    With respect to employment, a person with a disability who, with reasonable accommodation, can perform the essential functions required of all applicants for the job in question.

    (2)

    With respect to public services and programs, a person with a disability who, with reasonable accommodation, physical and program access, meets the essential eligibility criteria required of all applicants for the program or service in question.

    For the purpose of this chapter, "disability" excludes any condition resulting from alcohol or drug abuse which prevents a person from performing the essential functions of the job in question or constitutes a direct threat to property or the safety of others.

    Real estate broker; real estate salesperson : A real estate broker as defined by Minnesota Statutes, Section 82.55, subdivision 19, and real estate salesperson as defined by Minnesota Statutes, Section 82.55, subdivision 20.

    Real property : Any right, title, or interest in or to the possession, ownership, enjoyment of occupancy of any parcel of land in the City of Minneapolis, any building situated thereon, or any portion of such buildings.

    Reasonable accommodation for known disability : Steps which must be taken to accommodate the known physical or mental limitations of a qualified person with a disability unless doing so would impose an undue hardship. "Reasonable accommodation" may include but is not limited to, nor does it necessarily require:

    (1)

    Making facilities readily accessible to and usable by persons with disabilities;

    (2)

    Job restructuring, modified work schedules, acquisition or modification of equipment or devices, and the provision of aides on a temporary or periodic basis;

    (3)

    Making real property accessible through modifications to the public portions of the real property that renders it accessible to persons with mobility impairments, or other modifications as required to accommodate persons with disabilities; and

    (4)

    Permitting reasonable modifications of existing premises occupied or to be occupied by the person with a disability if the modifications may be necessary to afford the person with a disability full enjoyment of the premises; provided however, that a landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, excluding reasonable wear and tear.

    Religious or denominational educational institutions : An educational institution located or operating in the City of Minneapolis which is operated, supervised, controlled or sustained primarily by a religious or denominational organization, or is one which is stated by the parent church body to be and is, in fact, officially related to that church through church representation on the board of the institution and through substantial church financial assistance to the institution, providing the institution has certified, in writing, to the commission that it is a religious or denominational educational institution; and further includes any agent or employee of such an institution.

    Respondent : A person against whom a complaint alleging unlawful discrimination has been filed or issued.

    Retaliation : Retaliation includes, but is not limited to, any form of intimidation, retaliation, or harassment. It is retaliation for an employer to take any of the following with respect to a person because that person has engaged in any of the activities listed in subsection 139.40(m)(3):

    (1)

    Refuse to hire the person;

    (2)

    Depart from any customary employment practice;

    (3)

    Transfer or assign the person to a lesser position in terms of wages, hours, job classification, job security, or other employment status;

    (4)

    Discharge, discipline, threaten, otherwise discriminate against, or penalize an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment; or

    (5)

    Inform another employer that the person has engaged in the activities listed in subsection 139.40(m)(3).

    Review committee : A committee of three (3) commissioners, at least two (2) of whom are lawyers, who have been designated by the chair person of the commission to review an appeal by a complainant from a determination of no probable cause by the director.

    Sex : The character of being male or female and encompasses, but is not limited to, pregnancy, childbirth, nursing persons, disabilities related to pregnancy or childbirth, and sexual harassment.

    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 the conduct, or communication, is made a term or condition, either explicitly or implicitly, of obtaining the services of a labor organization, employment, the services of an employment agency, real estate, the services of a lending institution, public accommodations, public services, or the services of an educational institution, or;

    (2)

    Submission to or rejection of that conduct or communication is used as a factor in decisions affecting that individual in obtaining the services of a labor organization, employment, the services of an employment agency, real estate, the services of a lending institution, public accommodations, public services, or the services of an educational institution, or;

    (3)

    That conduct or communication has the purpose or effect of substantially interfering with an individual in regard to, or creating an intimidating, hostile or offensive environment in regard to the services of a labor organization, employment, the services of an employment agency, real estate, the services of a lending institution, public accommodations, public services, or the services of an educational institution.

    Sexual orientation : Having or being perceived as having an emotional, physical, or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment. Sexual orientation does not include a physical or sexual attachment to children by an adult.

    Status with regard to a public assistance program : The condition of being a recipient of or participant in a public assistance program.

    Status with regard to public assistance : The condition of being a recipient of federal, state or local assistance, including medical assistance, or of being a tenant receiving federal, state or local subsidies, including rental assistance, or rent supplements.

    Undue hardship : With respect to section 139.40(e)(1) means a situation requiring significant difficulty or expense when considered in light of a number of factors to be determined on a case-by-case basis. These factors include, but are not limited to:

    (1)

    The nature and net cost of complying with any requirement of a public assistance program, taking into consideration existing property management processes;

    (2)

    The overall financial resources of the landlord, taking into consideration the overall size of the business with respect to the number of its employees, and the number, type, and location of its housing stock; and

    (3)

    The impact of complying with any requirement of a public assistance program upon the business and dwelling. (Ord. of 12-30-75, § 2; 78-Or-206, § 1, 10-13-78; 82-Or-114, § 2, 6-25-82; 85-Or-085, § 1, 4-26-85; 87-Or-040, §§ 1—4, 3-13-87; 88-Or-108, § 1, 6-17-88; Pet. No. 249821, § 1, 7-14-89; 90-Or-275, § 1, 11-9-90; 92-Or-063, §§ 1—6, 5-22-92; 93-Or-132, § 2, 8-27-93; 95-Or-163, § 1, 12-29-95; 2006-Or-061, § 2, 6-16-06; 2011-Or-067, § 2, 8-5-11; Ord. No. 2017-010 , § 2, 3-24-17; Ord. No. 2017-078 , § 1, 12-8-17)