Modification and Elaboration of the Understanding of Discrimination as it Pertains to Business

 

Business, Athletic competitions, anti-discrimination laws

 

A loose and easily contested definition and understanding of what is justified discrimination within business, as

outlined in statute 323.A 17. This was brought about by the case brought to the Minnesota Supreme Court, which U.S.A.

Powerlifting used as the justification for discrimination against an athlete as being a "legitimate business purpose."

This bill removes athletics as a business purpose under the statute, as well as being more inclusive when it comes to

discrimination based on last name. This is to reduce the amount of discrimination in business and protect residents from

discrimination based on current or previous last name, race, national origin, color, sex, gender identity, sexual

orientation, or disability.

 

363A.17 BUSINESS DISCRIMINATION.

It is an unfair discriminatory practice for a person engaged in a trade or business or in

the provision of a service:

(1) to refuse to do business with or provide a service to a woman any person based on

her their use of her their current or former surname; or

(2) to impose, as a condition of doing business with or providing a service to a woman

any person, that a woman person use her their current surname rather than a former surname;

or

(3) 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 because of a

person's race, national origin, color, sex, gender identity, sexual orientation, or disability,

unless the alleged refusal or discrimination is because of a legitimate business purpose.

Athletic competition does not constitute a legitimate business purpose.

Nothing in this section shall prohibit positive action plans.

History: 1955 c 516 s 5; 1961 c 428 s 5; 1965 c 585 s 2; 1965 c 586 s 1; 1967 c 897 s

12-16; 1969 c 9 s 80; 1969 c 975 s 3-5; 1973 c 296 s 1; 1973 c 729 s 3,16; 1974 c 354 s 1;

1975 c 206 s 2-5; 1977 c 351 s 5-7; 1977 c 408 s 3; 1980 c 531 s 4; 1980 c 540 s 1,2; 1981 c

330 s 1; 1982 c 517 s 8; 1983 c 216 art 1 s 59; 1983 c 276 s 7-10; 1984 c 533 s 2,3; 1985 c

248 s 70; 1986 c 444; 1987 c 23 s 3; 1987 c 129 s 3; 1987 c 141 s 2; 1987 c 245 s 1; 1988 c

660 s 4; 1989 c 280 s 9-14,21; 1990 c 567 s 3-6; 1992 c 527 s 12-16; 1993 c 22 s 8-15; 1993

c 277 s 5-7; 1994 c 630 art 12 s 1; 1995 c 212 art 2 s 10; 1997 c 171 s 1; 2001 c 186 s 1;

2001 c 194 s 2; 2023 c 52 art 19 s 70

*Note to Youth in Government officials. The above does not allow for striking of old language and addition in italics of

new language that is contained in our bill. Our bill strikes "woman" and "her" in sections 1 and 2 and replaces them

with "Any person" and "their". It also adds "Athletic competition does not constitute a legitimate business purpose" at

the end of section 3.