Text of MN HF 3843 (2022)

1.1 A bill for an act​ 1.2 relating to human rights; clarifying certain provisions in the Human Rights Act​ 1.3 governing gender specific accommodations; amending Minnesota Statutes 2020,​ 1.4 sections 363A.03, subdivision 42; 363A.20, by adding a subdivision; 363A.24,​ 1.5 subdivision 1.​ 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.7 Section 1. Minnesota Statutes 2020, section 363A.03, subdivision 42, is amended to read:​ 1.8 Subd. 42. Sex. "Sex" includes, but is not limited to, pregnancy, childbirth, and disabilities​ 1.9 related to pregnancy or childbirth. A person's sex is either male or female as biologically​ 1.10 defined.​ 1.11 Sec. 2. Minnesota Statutes 2020, section 363A.20, is amended by adding a subdivision to​ 1.12 read:​ 1.13 Subd. 11. Employer restrooms, locker rooms, dressing rooms, and similar​ 1.14 facilities. The provisions of section 363A.11 relating to sexual orientation as defined in​ 1.15 section 363A.03, subdivision 44, shall not apply to the employment of any individual with​ 1.16 regard to facilities such as restrooms, locker rooms, dressing rooms, or other similar places.​ 1.17 No claim of nontraditional identity or "sexual orientation" may override another person's​ 1.18 right of privacy based on biological sex in such facilities as restrooms, locker rooms, dressing​ 1.19 rooms, and other similar places, which shall remain reserved for males or females as they​ 1.20 are biologically defined.​ 1​ Sec. 2.​ REVISOR SGS/HS 22-05578​ 02/02/22 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 3843​ NINETY-SECOND SESSION​ Authored by Gruenhagen and Dettmer​ 02/28/2022​ The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law​ 2.1 Sec. 3. Minnesota Statutes 2020, section 363A.24, subdivision 1, is amended to read:​ 2.2 Subdivision 1. Restrooms, locker rooms, dressing rooms, and similar places. (a) The​ 2.3 provisions of section 363A.11 relating to sex, or sexual orientation as defined in section​ 2.4 363A.03, subdivision 44, shall not apply to such public facilities as restrooms, locker rooms,​ 2.5 dressing rooms, and other similar places. No claim of nontraditional identity or "sexual​ 2.6 orientation" may override another person's right of privacy based on biological sex in public​ 2.7 facilities such as restrooms, locker rooms, dressing rooms, and other similar places, which​ 2.8 shall remain reserved for males or females as biologically defined. The provisions of section​ 2.9 363A.11 do not apply to employees or volunteers of a nonpublic service organization whose​ 2.10 primary function is providing occasional services to minors, such as youth sports​ 2.11 organizations, scouting organizations, boys' or girls' clubs, programs providing friends,​ 2.12 counselors, or role models for minors, youth theater, dance, music or artistic organizations,​ 2.13 agricultural organizations for minors, and other youth organizations, with respect to​ 2.14 qualifications based on sexual orientation.​ 2.15 (b) Other than single-occupancy facilities, no employer shall permit access to restrooms,​ 2.16 locker rooms, dressing rooms, and other similar places on any basis other than biological​ 2.17 sex. Nothing in this section shall be construed to: (1) limit access by a minor accompanied​ 2.18 by an adult guardian of the opposite sex into a specified facility appropriate for the adult​ 2.19 guardian, where the minor has not reached the age of nine years; (2) prohibit a person with​ 2.20 disabilities from using a specified facility appropriate to the biological sex of either the​ 2.21 disabled person or of an adult caretaker providing assistance; or (3) prohibit access by bona​ 2.22 fide custodial staff or any other person in an actual emergency, where the person knocks​ 2.23 and announces as a member of the opposite sex, if practicable.​ 2.24 (c) Other than single-occupancy facilities, no public school or university shall permit​ 2.25 access to restrooms, locker rooms, dressing rooms, and other similar places used by minor​ 2.26 students on any basis other than biological sex. Nothing in this section shall be construed​ 2.27 to: (1) limit access to other specified facilities by a minor accompanied by an adult guardian,​ 2.28 where the minor has not reached the age of nine years; (2) prohibit a person with disabilities​ 2.29 from using a specified facility appropriate to the biological sex of either the disabled person​ 2.30 or of an adult caretaker providing assistance; or (3) prohibit access by bona fide custodial​ 2.31 staff or any person in an actual emergency, where the person knocks and announces as a​ 2.32 member of the opposite sex, if practicable.​ 2​ Sec. 3.​ REVISOR SGS/HS 22-05578​ 02/02/22 ​