Text of MN HF 2553 (2017)
Human Rights Act provisions clarified, and gender-specific accommodations governed.
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As introduced
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A bill for an act
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relating to human rights; clarifying certain provisions in the Human Rights Act
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governing gender-specific accommodations; amending Minnesota Statutes 2016,
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sections 363A.03, subdivision 42; 363A.20, by adding a subdivision; 363A.24,
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subdivision 1.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Section 1. Minnesota Statutes 2016, section 363A.03, subdivision 42, is amended to read:
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Subd. 42. Sex. "Sex" includes, but is not limited to, pregnancy, childbirth, and disabilities
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related to pregnancy or childbirth. A person's sex is either male or female as biologically
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defined.
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Sec. 2. Minnesota Statutes 2016, section 363A.20, is amended by adding a subdivision to
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read:
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Subd. 11. Employer restrooms, locker rooms, dressing rooms, and similar facilities.
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The provisions of section 363A.11 relating to sexual orientation as defined in section
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363A.03, subdivision 44, shall not apply to the employment of any individual with regard
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to facilities such as restrooms, locker rooms, dressing rooms, or other similar places. No
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claim of nontraditional identity or sexual orientation may override another person's right of
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privacy based on biological sex in such facilities as restrooms, locker rooms, dressing rooms,
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and other similar places, which shall remain reserved for males or females as they are
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biologically defined.
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REVISOR
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State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2553
NINETIETH SESSION
Authored by Gruenhagen
03/28/2017
The bill was read for the first time and referred to the Committee on Civil Law and Data Practices Policy
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Sec. 3. Minnesota Statutes 2016, section 363A.24, subdivision 1, is amended to read:
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Subdivision 1. Restrooms, locker rooms, dressing rooms, and similar places. (a) The
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provisions of section 363A.11 relating to sex, or sexual orientation as defined in section
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363A.03, subdivision 44, shall not apply to such public facilities as restrooms, locker rooms,
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dressing rooms, and other similar places. No claim of nontraditional identity or sexual
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orientation may override another person's right of privacy based on biological sex in public
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facilities such as restrooms, locker rooms, dressing rooms, and other similar places, which
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shall remain reserved for males or females as biologically defined. The provisions of section
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363A.11 do not apply to employees or volunteers of a nonpublic service organization whose
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primary function is providing occasional services to minors, such as youth sports
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organizations, scouting organizations, boys' or girls' clubs, programs providing friends,
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counselors, or role models for minors, youth theater, dance, music or artistic organizations,
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agricultural organizations for minors, and other youth organizations, with respect to
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qualifications based on sexual orientation.
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(b) Other than single-occupancy facilities, no employer shall permit access to restrooms,
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locker rooms, dressing rooms, and other similar places on any basis other than biological
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sex. Nothing in this section shall be construed to:
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(1) limit access by a minor accompanied by an adult guardian of the opposite sex into
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a specified facility appropriate for the adult guardian, where the minor has not reached the
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age of nine years;
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(2) prohibit a person with disabilities from using a specified facility appropriate to the
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biological sex of either the disabled person or of an adult caretaker providing assistance; or
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(3) prohibit access by bona fide custodial staff or any other person in an actual emergency,
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where the person knocks and announces as a member of the opposite sex, if practicable.
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(c) Other than single-occupancy facilities, no public school or university shall permit
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access to restrooms, locker rooms, dressing rooms, and other similar places used by minor
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students on any basis other than biological sex. Nothing in this section shall be construed
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to:
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(1) limit access to other specified facilities by a minor accompanied by an adult guardian,
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where the minor has not reached the age of nine years;
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(2) prohibit a person with disabilities from using a specified facility appropriate to the
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biological sex of either the disabled person or of an adult caretaker providing assistance; or
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REVISOR
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(3) prohibit access by bona fide custodial staff or any person in an actual emergency,
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where the person knocks and announces as a member of the opposite sex, if practicable.
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REVISOR
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