Minneapolis, Minn., Code of Ordinances § 7 § 139.40

The following are declared to be discriminatory acts:
(a) Discrimination by a labor organization. Except when based on a bona fide occupational qualification, it is an unlawful discriminatory practice for any labor organization when race, color, creed, religion, ancestry, national origin, sex, sexual orientation, familial status, gender identity, disability, age, marital status, status with regard to a public assistance program, housing status, justice-impacted status, height and weight, or any combination thereof is a motivating factor:
(1) To deny full and equal membership rights to a person seeking membership or to a member.
(2) To expel a member from membership.
(3) To discriminate against a person seeking membership or a member with respect to his hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment.
(4) To fail to classify properly, or refer for employment or otherwise to discriminate against a person or member.
(5) To fail to make reasonable accommodation to the known disability of a qualified person with a disability unless the labor organization can demonstrate that the accommodation would impose an undue hardship on it.
In determining whether an accommodation would impose an undue hardship on the operation of a labor organization, factors to be considered include: a.
The overall size of the labor organization with respect to number of members and the number and type of facilities in which those members are employed.
b. The type of operation, including the composition and structure of the work force.
c. The nature and cost of the needed accommodation.
d. The reasonable ability to finance the accommodation at each site of business.
e. Documented good faith efforts to explore less restrictive or less expensive alternatives, including consultation with the person with a disability and with knowledgeable persons with disabilities or disability organizations.
(6) Except when based on a bona fide occupational qualification, it is an unfair employment practice for a labor organization, with respect to all employment related purposes, including receipt of benefits under fringe benefit programs, not to treat women affected by 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, including a duty to make reasonable accommodations as provided by section 139.40 (a)(5).
(b) Discrimination by an employer. Except when based on a bona fide occupational qualification, it is an unlawful discriminatory practice for an employer when race, color, creed, religion, ancestry, national origin, sex, sexual orientation, familial status, gender identity, disability, age, marital status, status with regard to a public assistance program, housing status, justice-impacted status, height and weight, or any combination thereof, is a motivating factor:
(1) To fail or refuse to hire or to maintain a system of employment which unreasonably excludes a person seeking employment.
(2) To discharge an employee.
(3) To discriminate against a person or employee with respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, benefits, layoff, discharge, or any term or condition of employment, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.
(4) For an employer with fifteen (15) or more permanent full-time employees to fail to make a reasonable accommodation to the known disability of a qualified person with a disability, or the known pregnancy-related limitations of a qualified employee, unless it can demonstrate that the accommodation would impose an undue hardship on it. A prospective employer need not pay for an accommodation for a job applicant if it is available from an alternative source without cost to the employer or applicant.
To determine the appropriate reasonable accommodation the employer must initiate an informal, interactive process with the qualified employee in need of the accommodation. This process should identify the limitations affecting the qualified employee and any potential reasonable accommodations that could overcome those limitations. It is an unlawful discriminatory practice for an employer to require a qualified employee with known pregnancy-related limitations to accept an accommodation other than any reasonable accommodation arrived at through the interactive process described above.
For purposes of section 139.40 (b), a "qualified employee" means an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position, except that an employee or applicant will be considered qualified if: their inability to perform an essential function is for a temporary period; they will be able to perform the essential function in the near future; and their inability to perform the essential function can be reasonably accommodated.
In determining whether an accommodation would impose an undue hardship on the operation of an employer, factors to be considered include:
a. The overall size of the employer with respect to number of employees or members and the number and type of facilities.
b. The type of operation, including the composition and structure of the work force.
c. The nature and cost of the needed accommodation.
d. The reasonable ability to finance the accommodation at each site of business.
e. Documented good faith efforts to explore less restrictive or less expensive alternatives, including consultation with the person with a disability and with knowledgeable persons with disabilities or disability organizations.
(5) Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer, with respect to all employment related purposes, including receipt of benefits under fringe benefit programs, not to treat women affected by 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, including a duty to make reasonable accommodations as provided by section 139.40 (b)(4).
(6) To deny employment opportunities to a qualified employee if such denial is based on the need of the employer to make reasonable accommodations based on the qualified employee's known pregnancy-related limitations.
(7) To require a qualified employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to a qualified employee with known pregnancy-related limitations.
(8) To take an adverse action in terms, conditions, or privileges of employment against a qualified employee because the employee requested or received a reasonable accommodation based on their known pregnancy-related limitations.
(9) For an employer to fail to provide a religious accommodation, unless the employer can demonstrate it cannot reasonably accommodate the employee's religious observance or practice without undue hardship.
(c) Discrimination by an employment agency. Except when based on a bona fide occupational qualification, for an employment agency when race, color, creed, religion, ancestry, national origin, sex, sexual orientation, familial status, gender identity, disability, age, marital status, status with regard to a public assistance program, housing status, justice-impacted status, height and weight, or any combination thereof, is a motivating factor:
(1) To refuse or fail to accept, register, classify properly, or refer for employment or otherwise to discriminate against a person.
(2) To comply with a request from an employer for referral of applicants for employment if the request indicates directly or indirectly that the employer fails to comply with the provisions of this title.
(3) To fail to make reasonable accommodation to the known disability of a qualified person with a disability, or known pregnancy-related limitation of a qualified employee, unless it can demonstrate that the accommodation would impose an undue hardship on it.
In determining whether an accommodation would impose an undue hardship on the operation of an employment agency, factors to be considered include: a.
The overall size of the agency with respect to number of persons referred for employment and the kind or type of employment to which persons are referred.
b. The nature and cost of the needed accommodation.
c. Documented good faith efforts to explore less restrictive or less expensive alternatives, including consultation with the person with a disability and with knowledgeable persons with disabilities or disability organizations.
(4) Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer, with respect to all employment related purposes, including receipt of benefits under fringe benefit programs, not to treat women affected by 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, including a duty to make reasonable accommodations for a qualified employee with known pregnancy-related limitations, as provided by section 139.40 (c)(3).
(d) Discriminatory practices in furnishing employment information and employment advertising. Except when based on a bona fide occupational qualification, for an employer, employment agency, or labor organization, before a person is employed by an employer or admitted to membership in a labor organization:
(1) To require a person to furnish information that pertains to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, familial status, gender identity, disability, age, marital status, status with regard to a public assistance program, housing status, height and weight, or any combination thereof, unless one (1) of the following apply:
a. For the purpose of national security, information pertaining to national origin is required by the United States, the State of Minnesota, or a political subdivision or agency of the United States or the State of Minnesota.
b. For the purpose of compliance with the Public Contracts Act or any rule, regulation or laws of the United States or of the State of Minnesota, or the City of Minneapolis, requiring information pertaining to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, familial status, gender identity, disability, age, marital status, housing status, justice-impacted status, height and weight, or status with regard to a public assistance program where such information is required by the United States, the State of Minnesota or the City of Minneapolis, or a political subdivision or agency of the United States or the State of Minnesota.
(2) To cause to be printed or published a notice or advertisement that relates to employment or membership and discloses a preference, limitation, specification, or discrimination based on race, color, creed, religion, ancestry, national origin, sex, sexual orientation, familial status, gender identity, disability, age, marital status, status with regard to a public assistance program, housing status, justice-impacted status, height and weight, or any combination thereof.
(e) Discrimination in property rights. It is an unlawful discriminatory practice for an owner, lessee, sublessee, managing agent, real estate broker, real estate salesperson or other person having the right to sell, rent or lease any property, or any agent or employee of any of these, when race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, marital status, familial status, emancipated minor status, status with regard to a public assistance program, any requirement of a public assistance program, housing status, height and weight, or any combination thereof, is a motivating factor:
(1) To refuse to sell, rent or lease, or to refuse to offer for sale, rental or lease; or to refuse to negotiate for the sale, rental, or lease of any real property; or to represent that real property is not available for inspection, sale, rental, or lease when in fact it is so available; or to otherwise make unavailable any property or any facilities of real property. It is an affirmative defense if the refusal, denial, or withholding is due to a requirement of a public assistance program and that requirement would impose an undue hardship. It is an unlawful discriminatory practice to engage in any of the conduct described in this paragraph because of the disability of a prospective buyer or renter, the disability of a person residing in or intending to reside in the real property after it is sold or rented or made available, and the disability of any person associated with the prospective buyer or renter. The department may promulgate rules or regulations establishing standards for undue hardship determinations.
(2) To discriminate against any person in the terms, conditions, or privileges of the sale, rental or lease of any real property or in the full and equal enjoyment of services, facilities, privileges and accommodations, or in the furnishing of facilities or services associated with the real property; except that nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended to protect the safety of minors in their use of the real property or any facilities or services furnished or associated with the real property. It is an unlawful discriminatory practice to engage in any of the conduct described in this paragraph because of the disability of a prospective buyer or renter, the disability of a person residing in or intending to reside in the real property after it is sold or rented or made available, and the disability of any person associated with the prospective buyer or renter.
(3) For an owner, lessee, sublessee, managing agent, real estate broker, real estate salesperson or other person having the right to sell, rent or lease any property, or any agent or employee of any of these:
a. To fail to make, or refuse to make, reasonable accommodations in rules, policies, practices or services when necessary to afford a person with a disability an opportunity to use, enjoy, or continue to use or enjoy a dwelling; or to otherwise fail to make reasonable accommodation to the known disability of a person, unless such accommodation would impose an undue hardship.
b. To refuse to permit, at the expense of a person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the 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, reasonable wear and tear excepted.
(4) To print, circulate, publish or post, or cause to be printed, circulated, published 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, verbal or written, in connection with the prospective purchase, rental or lease of any real property, which expresses directly or indirectly, any limitation, specification or discrimination as to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, marital status, familial status, emancipated minor status, status with regard to a public assistance program, any requirement of a public assistance program, housing status, height and weight, or any combination thereof.
a. The provisions of this clause regarding familial status and age shall not be construed to prohibit the advertisement of a dwelling unit as available only to older persons if the dwelling meets the requirements of housing for older persons as defined in section 139.20 .
b. This clause shall not apply to advertisements, notices, signs, or statements describing a living arrangement in which an owner, or other persons having the right to sell, rent, or lease the advertised property, intends to occupy the same living quarters as the prospective tenant including sharing a bathroom, bedroom, kitchen, or living room.
(5) For any person to fail to design and construct covered multifamily dwellings so that:
a. The dwellings have at least one (1) building entrance on an accessible route, unless it is impractical to do so because of terrain or unusual site characteristics; or
b. With respect to dwellings with a building entrance on an accessible route:
1. The public and common use portions are readily accessible to and usable by persons with disabilities.
2. There is an accessible route into and through all dwellings and units.
3. All doors designed to allow passage into, within and through these dwellings and individual units are wide enough for persons with disabilities in wheelchairs.
4. Light switches, electrical switches, electrical outlets, thermostats, and other environmental controls are in accessible locations.
5. Bathroom walls are reinforced to allow later installation of grab bars.
6. Kitchens and bathrooms have space for a person in a wheelchair to maneuver.
For purposes of this subsection the term "covered multifamily dwellings" means: Buildings consisting of four (4) or more units if such buildings have one (1) or more elevators; or ground floor units in other buildings consisting of four (4) or more units.
(6) To provide services at different fee schedules between a person with a spouse and a person with registered domestic partner, or between a person with a spouse and children and a person with a registered domestic partner and children.
(7) Unlawful practices in the leasing or renting of property on the basis of justice-impacted status are addressed in section 244.2030 .
(f) Discrimination in real estate transactions and services. It is an unlawful discriminatory practice for:
(1) Any real estate broker or real estate salesperson, property owner, rental agent, property manager, caretaker or any agent or employee thereof, for the purpose of inducing a real property transaction from which a person, that person's firm, or any of its members may benefit financially, to represent that a change has occurred or will or may occur in the composition of the owners or occupants in the block, neighborhood or area in which the real property is located with respect to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, marital status, status with regard to a public assistance program or familial status, housing status, height and weight, or any combination thereof, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other public facilities.
(2) Any real estate broker or real estate salesperson, property owner, rental agent, property manager, caretaker or any agent or employee thereof, for the purpose of inducing a real property transaction from which a person, that person's firm, or any of its members may benefit financially, to alter the availability or terms and conditions of the selling, brokering, or appraising of residential real property when race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, marital status, familial status, emancipated minor status, status with regard to a public assistance program, any requirement of a public assistance program, height and weight, or any combination thereof, is a motivating factor.
(3) Any real estate broker or real estate salesperson, property owner, rental agent, property manager, caretaker or any agent or employee thereof, for the purpose of inducing a real property transaction from which a person, that person's firm, or any of its members may benefit financially, to deny any person access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against them in the terms or conditions of such access, membership, or participation when race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, marital status, familial status, emancipated minor status, status with regard to a public assistance program, any requirement of a public assistance program, housing status, height and weight, or any combination thereof, is a motivating factor.
(g) Discrimination by professional organizations. It is an unlawful discriminatory practice, except when based on a bona fide occupational qualification, for any professional association, when race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, age, marital status, status with regard to a public assistance program, familial status, justice-impacted status, height and weight, or any combination thereof, is a motivating factor:
(1) To expel a member from membership.
(2) To discriminate against a person seeking membership or a member with regard to the availability of membership, membership services, cost of membership or any other terms and conditions of membership, services and privileges associated with membership, participation in all membership activities and benefits, or any other aspect of membership.
(3) To fail to make reasonable accommodation to the known disability of a qualified person unless the professional organization can demonstrate that the accommodation would impose an undue hardship on it.
(4) To provide services at different fee schedules between a person with a spouse and a person with a registered domestic partner, or between a person with a spouse and children and a person with a registered domestic partner and children.
(h) Discrimination in lending. It is an unlawful discriminatory practice for any person, bank, banking organization, mortgage company, insurance company, broker, underwriter or other financial institution or lender, or any agent or employee thereof, to whom application is made for financial assistance, including loans and other extensions of credit:
(1) To discriminate against any person or group of persons when race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, marital status, status with regard to public assistance, familial status, height and weight, or any combination thereof, is a motivating factor in the granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions or privileges of any such financial assistance or in the extension of services in connection therewith.
(2) To use any form of application for such financial assistance or make any verbal or written record or inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any preference, limitation, specification or discrimination as to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, marital status, status with regard to public assistance, familial status, height and weight, or any combination thereof, or any intent to make any such preference, limitation, specification or discrimination.
(3) To discriminate against any person or group of persons who desire to purchase, lease, acquire, construct, rehabilitate, repair or maintain real property in a specific urban area because of the social, economic or environmental conditions of the area in the granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions or privileges of any such financial assistance or in the extension of services in connection therewith.
(i) Discrimination in public accommodations. It is an unlawful discriminatory practice for any person engaged in the provision of public accommodations, when race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, marital status, status with regard to a public assistance program, housing status, justice-impacted status, height and weight, or any combination thereof, is a motivating factor:
(1) To fail or refuse to provide to any person access to the use of and benefit from the services, privileges, advantages, accommodations and facilities of such public accommodations.
(2) To discriminate against any person with respect to the availability of such services and facilities, the price or other consideration therefor, the scope and quality thereof, or the terms and conditions under which the same are made available, including terms and conditions relating to credit, payment, warranties, delivery, installation and repair.
(3) To provide services at different fee schedules between a person with a spouse and a person with a registered domestic partner, or between a person with a spouse and children and a person with a registered domestic partner and children.
(4) To not make reasonable accommodation to the known physical, sensory, or mental disability of a person with a disability in a place of public accommodation, unless the person engaged in the provision of public accommodation can demonstrate that the accommodation would impose an undue hardship on it.
In determining whether an accommodation would impose an undue hardship, the factors to be considered may include, but are not limited to: a.
The frequency and predictability with which members of the public will be served by the accommodation at that location.
b. The size of the business or organization at that location with respect to physical size, annual gross revenues, and the number of employees.
c. The extent to which persons with disabilities will be further served from the accommodation.
d. The type of operation.
e. The nature and amount of both direct costs and legitimate indirect costs of making the accommodation and the reasonableness for that location to finance the accommodation.
f. The extent to which any persons may be adversely affected by the accommodation.
(5) To subject a person or class of persons on the basis of a disability of that person or class of persons, directly or through contractual, licensing, or other arrangements, to a denial of the opportunity of the person or class of persons to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity.
(6) To afford a person or class of persons, on the basis of the disability of that individual or class of persons, directly or through contractual, licensing, or other arrangements, with the opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations that are not equal to those afforded to other persons.
(7) To provide a person or class of persons, on the basis of a disability of that person or class of persons, directly or through contractual, licensing, or other arrangements, with goods, services, facilities, privileges, advantages, or accommodations that are different or separate from those provided to other individuals, unless the action is necessary to provide the individual or class of individuals with goods, services, facilities, privileges, advantages, or accommodations, or other opportunities that are as effective as those provided to others.
(8) To not afford goods, services, facilities, privileges, advantages, and accommodations to a person with a disability in the most integrated setting appropriate to the needs of the person with a disability.
(9) Notwithstanding the existence of separate or different programs or activities provided in accordance with subsection 139.40 (i)(7), to deny a person with a disability the opportunity to participate in the programs or activities that are not separate or different.
(10) To, directly or through contractual or other arrangements, use standards or criteria and methods of administration that either:
a. Have the effect of discriminating on the basis of disability; or
b. Perpetuate on the basis of disability the discrimination of others who are subject to common administrative control.
(11) To impose or apply eligibility criteria that screen out or tend to screen out a person with a disability or any class of persons with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless the criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations.
(12) To fail to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to afford the goods, services, facilities, privileges, advantages, or accommodations to persons with disabilities, unless the entity can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.
(13) To fail to take all necessary steps to ensure that no person with a disability is excluded, denied services, segregated, or otherwise treated differently than other persons because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking the steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered and would result in an undue hardship.
(14) To fail to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles used by an establishment for transporting individuals, not including barriers that can only be removed through the retrofitting of vehicles by the installation of hydraulic or other lifts, if the removal is readily achievable.
(15) If an entity can demonstrate that the removal of a barrier under subsection 139.40 (i)(14) is not readily achievable or cannot be considered a reasonable accommodation, to fail to make the goods, services, facilities, privileges, advantages, or accommodations available through alternative means if the means are readily achievable.
(16) To deny any person with a disability the full and equal enjoyment of public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce by any of the following:
a. The imposition or application of eligibility criteria that screen out, or tend to screen out, a person with a disability or a class of persons with disabilities from fully enjoying the specified public transportation services provided by the entity, unless the criteria can be shown to be necessary for the provision of the services being offered.
b. The failure to make reasonable modifications, provide auxiliary aids and services, and remove barriers, consistent with subsections 139.40 (i)(12) through 139.40 (i)(15).
c. The purchase or lease of a new vehicle, other than an automobile or van with a seating capacity of fewer than eight (8) passengers, including the driver, or an over-the-road bus, that is to be used to provide specified public transportation that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, except that a new vehicle need not be readily accessible to and usable by individuals with disabilities if the vehicle is to be used solely in a demand responsive system and if the private entity can demonstrate that the system, when viewed in its entirety, provides a level of services to individuals with disabilities equivalent to the level of service provided to the general public.
d. The purchase or lease a new, used, or remanufactured vehicle with a seating capacity in excess of sixteen (16) passengers, including the driver, for use on a fixed route public transportation system, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. If a private entity that operates a fixed route public transportation system purchases or leases a new, used, or remanufactured vehicle with a seating capacity of sixteen (16) passengers or fewer, including the driver, for use on the system which is not readily accessible to and usable by individuals with disabilities, it is an unfair discriminatory practice for the entity to fail to operate the system so that, when viewed in its entirety, the system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities.
e. Failing to operate a demand responsive system so that, when viewed in its entirety, the system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities. It is an unfair discriminatory practice for the entity to purchase or lease for use on a demand responsive system a new, used, or remanufactured vehicle with a seating capacity in excess of sixteen (16) passengers, including the driver, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the entity can demonstrate that the system, when viewed in its entirety, provides a level of service to individuals with disabilities equivalent to that provided to individuals without disabilities.
(17) To construct a new facility or station to be used in the provision of public transportation services, unless the facilities or stations are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
(18) To fail to make alterations necessary in order, to the maximum extent feasible, to make the altered portions of facilities or stations currently used for the provision of public transportation services readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. If the private entity is undertaking an alteration that affects or could affect the usability of or access to an area of the facility containing a primary function, the entity shall make the alterations so that, to the maximum extent feasible, the path of travel to the altered area, and the bathrooms, drinking fountains, and telephones serving the altered area, are readily accessible to and usable by individuals with disabilities if the alterations to the path of travel or to the functions mentioned are not disproportionate to the overall alterations in terms of cost and scope. The entity raising this defense has the burden of proof, and the department shall review these cases on a case-by-case basis.
For purposes of subsections 139.40 (i)(5), 139.40 (i)(6) and 139.40 (i)(7) "person" or "class of persons" means clients or customers or prospective clients or customers of the covered public accommodation.
State or local building codes control where applicable. Violations of state or local building codes are not violations of this chapter and must be enforced under normal building code procedures.
Nothing in this subsection requires an entity to permit a person with a disability to participate in and benefit from the goods, services, facilities, privileges, advantages, and accommodations of the entity if the person with a disability poses a direct threat to the health or safety of others. "Direct threat" means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services. Nothing in this section shall be interpreted or applied so as to create any power or duty in conflict with federal or state law.
(j) Discrimination in public services. For any person engaged in the provision of public services:
(1) When race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, marital status, status with regard to a public assistance program, height and weight, or any combination thereof, is a motivating factor:
a. To discriminate against any person, in the access to, admission to, full use of or benefit from any public service.
b. To provide public services at different fee schedules between a person with a spouse and a person with a registered domestic partner, or between a person with a spouse and children and a person with a registered domestic partner and children.
(2) To fail to ensure physical and program access for disabled persons unless the public service can demonstrate that providing the access would impose an undue hardship on its operation. In determining whether providing physical and program access would impose an undue hardship, the factors to be considered include:
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.
(3) Notwithstanding the requirements of section 139.40 (j), It is not an unlawful discriminatory practice for a public service to operate or sponsor separate athletic teams and activities for members of each sex or to restrict membership on an athletic team to participants of one (1) sex, if this separation or restriction meets the requirements of Minn. Statutes, Section 121A.04.
(k) Discrimination in educational institutions. For any educational institution:
(1) To discriminate against any person in the full use of or benefit from such institution, or the services rendered thereby, when race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, age, marital status, status with regard to a public assistance program, housing status, justice-impacted status, height and weight, or any combination thereof, is a motivating factor.
(2) To fail to ensure physical or program access for disabled persons.
(3) To exclude, expel or otherwise discriminate against a person seeking admission as a student, or a person enrolled as a student, when race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, age, marital status, status with regard to a public assistance program, housing status, justice-impacted status, height and weight, or any combination thereof, is a motivating factor.
(4) To fail to make reasonable accommodations for the known disability of a qualified person with a disability unless it can demonstrate that the accommodation would impose an undue hardship on it. In determining whether an accommodation would impose an undue hardship on the operation of an educational institution, factors to be considered include:
a. The overall size of the educational institution with respect to number of students and the number and type of facilities.
b. The nature and cost of the needed accommodation.
c. The reasonable ability of the educational institution to finance the accommodation.
d. Documented good faith efforts to explore less restrictive or less expensive alternatives, including consultation with the person with a disability or with knowledgeable persons with disabilities or disability organizations.
(l) Discrimination in business. It is an unlawful discriminatory practice for a person engaged in a trade or business or in the provision of a service:
(1) To intentionally refuse to do business with, to refuse to contract with, or to discriminate in the basic terms, conditions, or performance of the contract when a person's race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, housing status, height and weight, or any combination thereof, is a motivating factor, unless there is a legitimate business justification not otherwise prohibited by law for the alleged refusal or discrimination.
(2) For the purposes of this subsection, a complainant may be an employee or agent of the person that attempts to or does contract with the respondent.
(m) Aiding, abetting or facilitating discrimination; retaliation related to discrimination; coercion related to housing. It is an unlawful discriminatory practice for any person:
(1) To conceal or attempt to conceal any discriminatory act forbidden by this title or to aid, abet, compel, coerce, incite or induce, or attempt to induce, another person to discriminate.
(2) To use any trick, artifice, advertisement, sign, form of application, record or inquiry or any device whatsoever to bring about or facilitate discrimination, unless subject to an exception under this chapter.
(3) To engage in any retaliation, economic or otherwise, because another person opposed a discriminatory act forbidden under this title, has filed a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this title, or has associated with a person or group of persons of a different race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, status with regard to disability, age, marital status, status with regard to a public assistance program familial status, housing status, justice-impacted status, height and weight, or any combination thereof.
(4) To coerce, intimidate, threaten, or interfere with any person in the exercise of or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of any right with regard to real estate granted or protected by subdivisions (e), (f) or (h) of this section. (Ord. of 12-30-75, § 4; 82-Or-114 , § 4, 6-25-82; 87-Or-040 , §§ 7--9, 3-13-87; 88-Or-108 , § 4, 6-17-88; 89-Or-038 , 2-24-89; 90-Or-275 , §§ 1--3, 11-9-90; 92-Or-063 , § 9, 5-22-92; 93-Or-132 , §§ 4--8, 8-27-93; 2003-Or-108 , § 2, 8-22-03; 2006-Or-061 , § 4, 6-16-06; 2011-Or-067 , § 3, 8-5-11; Ord. No. 2017-010 , § 4, 3-24-17; Ord. No. 2017-078 , § 1, 12-8-17; Ord. No. 2025-022 , § 4, 5-1-25)