Minneapolis, Minn., Code of Ordinances § 7 § 141.50

(a) Limitations Period. A complaint may be filed only if the matter complained of occurred within the City of Minneapolis within one (1) year prior to the filing of the complaint. The running of the one (1) year limitation period is suspended during the time a potential complainant and respondent are voluntarily engaged in a dispute resolution process involving a claim of unlawful discrimination under this title, including arbitration, conciliation, mediation or grievance procedures pursuant to a collective bargaining agreement or statutory, charter, ordinance provisions for a civil service or other employment system or a school board sexual harassment or sexual violence policy. A potential respondent who participates in such a process with a potential complainant before a charge is filed shall notify the department and the complainant in writing of the participation in the process and the date the process commenced and shall also notify the department and the complainant of the ending date of the process. A respondent who fails to provide this notification is barred from raising the defense that the limitation period has run unless one (1) year plus a period of time equal to the suspension period has passed.
(b) Complaint filing. Any person believing they have been damaged by a violation of Chapter 139.40 may file with the director a verified written complaint under oath. The complaint shall state the name and address of each person complained against (respondent) and shall set forth the pertinent facts as known to the complainant. When an amended complaint is permitted, it shall also be a verified written complaint signed under oath by the complainant.
(c) Director's charge. If the director has reasonable cause to believe or receives information that a person is engaging in an unlawful discriminatory act or practice, the director may issue a complaint stating an alleged violation.
(d) Amended complaints.
(1) When amendments may be allowed. The director may allow a complaint to be amended before a dismissal or a finding of probable cause or a finding of no probable cause under the following circumstances:
a. For an amendment that relates back to the original complaint, when justice so requires, after considering whether the amendment would result in a significant or substantial delay in the complaint investigation process, whether the director would have adequate time to investigate the complaint, whether the complainant and respondent would have adequate time to present evidence, and whether the respondent would be prejudiced by the amendment.
b. For an amendment to add allegations of additional unrelated discriminatory acts and/or acts of retaliation that arose after the filing of the original complaint if: (1) the amendment is filed within one (1) year of the occurrence of the act alleged; and (2) justice so requires, after considering whether the amendment would result in a significant or substantial delay in the complaint investigation process, whether the director would have adequate time to investigate the complaint, whether the complainant and respondent would have adequate time to present evidence, and whether the respondent would be prejudiced by the amendment.
c. For an amendment to add or modify a respondent if:
1. The amendment relates back to the original complaint;
2. Justice so requires, after considering whether the amendment would result in a significant or substantial delay in the complaint investigation process, whether the director would have adequate time to investigate the complaint, and whether the complainant and respondent would have adequate time to present evidence;
3. The party to be brought in by the amendment has received such notice that the party will not be prejudiced in maintaining a defense on the merits; and
4. The party to be brought in by the amendment knew or should have known that but for a mistake concerning the identity of the proper party, the complaint would have been brought against that party.
(2) When an amendment relates back. An amendment relates back to the date of the original complaint whenever the claim to be asserted in the amended complaint arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original complaint.
(3) Complaint amendment procedures. If a complaint is proposed to be amended after the respondent has filed the response required by section 149.50(e), the director shall advise the respondent in writing of the director's intent to allow an amendment to the complaint and provide the respondent with a copy of the proposed amended complaint. The respondent may file an objection within ten (10) days of being served with the director's notice of intent to amend the complaint. The director's determination on whether to allow the amendment of the complaint shall be final.
(4) Response to amended complaint. If the director has made a final decision to allow an amendment to the complaint, a response and rebuttal shall be allowed as provided for by section 141.50 (e) and (f) for an original complaint.
(e) Service and Response. The director, within ten (10) days of the receipt of the verified complaint, shall serve a copy of the complaint on the respondent personally or as provided by section 141.50 (t). The respondent shall file a written response with the department setting out the respondent's position relative to the complaint within twenty (20) days of the service of the complaint. If the respondent fails to respond with a written position statement within twenty (20) days after service of the complaint, the respondent is in default. A respondent who is in default may cure the default by filing a written position statement or requesting a reasonable extension of time to do so. If the respondent does not cure the default within ten (10) days, the director may deem the allegations of the complaint admitted and issue a determination of probable cause.
(f) Rebuttal statement. The department will provide respondent's written position statement to the complainant. The complainant shall have an opportunity to submit a rebuttal statement to the department, setting out the complainant's response to the respondent's position, within fifteen (15) days of service of the respondent's written position statement. After submission of the rebuttal, no further pleadings or evidence may be submitted unless formally requested by the department or expressly permitted by the department before the submission.
(g) Mediation. Unless exempted by the director, after expiration of the time for submission of a rebuttal statement the parties shall engage in an alternative dispute resolution process which may be facilitated by the department.
(h) Inquiry into complaint. Promptly upon the filing of any complaint or commencement of a director's charge, the director shall make such investigation as the director may deem appropriate to determine whether there is probable cause to believe that the allegations of discrimination are well founded. While the director is investigating a complaint, the director may attempt to mediate the matter complained of before making a determination of probable cause. Where the complaint alleges an unlawful discriminatory act under section 139.40 (e), the director of the department of regulatory services may be notified of the pendency of the complaint and of its subsequent resolution.
(i) Finding of probable cause. The director shall make a determination as to whether there is probable cause to believe that the allegations of discrimination are well founded.
(j) Finding of no probable cause or dismissal and review thereof. If the director makes a determination of no probable cause or dismisses a complaint, the director shall notify the complainant and respondent of such a determination and of the complainant's right to appeal the determination to a review committee. The complainant may, within fifteen (15) days after service of such notice, file an appeal in writing with the director, who shall promptly transmit said appeal to the chairperson of the commission. The chairperson shall designate three (3) members of the commission, at least one (1) of whom shall be a lawyer, to review the director's determination. The review committee shall view the entire record in the light most favorable to the Director's determination of no probable cause. The Director's determination shall be sustained unless the review committee finds that the Director's determination of no probable cause was clearly erroneous. Unless the presiding commissioner affirmatively determines that there is material evidence newly discovered which the complainant could not with reasonable diligence have earlier made known to the Department, there shall be no hearing or presentation made by the parties before the review committee. The review committee may then either affirm or reverse the director's decision or remand the complaint back to the director for additional investigation. The review committee shall complete its review and issue its decision within ninety (90) days of the director's transmittal of the appeal to the chairperson of the commission. If the decision is not issued within ninety (90) days, the appeal shall be removed from the review committee's consideration and instead reviewed by the director. No member of a review committee shall act as a member of a hearing committee in the same case.
(k) Finding of probable cause and conciliation. If the director or a review committee, following an appeal, makes a determination of probable cause, the director shall immediately endeavor to eliminate the acts or practices complained of by conciliation and persuasion. If the director cannot do so, then the director shall refer the complaint to the commission. A conciliation agreement arising out of such conciliation shall be an agreement between the complainant, respondent and the department and shall be subject to approval by the director. Each such conciliation agreement shall be made public to the extent permitted by Minn. Statue Chapter 13 , unless the complainant and respondent otherwise agree and the director determines that disclosure is not required to further the purposes of this title. The department may monitor all conciliation agreements which require specific performance.
At the time the director refers a case to the commission involving a violation of sections 139.40 (e), (f), (g), (h), or (i) and where such case has been dual-filed with the department of housing and urban development as a violation of Title VIII of the National Fair Housing Act prohibiting discrimination in housing pursuant to the contractual agreement existing between the director and the department of housing and urban development, the director shall notify the complainant of the referral and of the complainant's option to proceed with the charge before the commission on civil rights or in Minnesota district court. This notice shall provide that an attorney will be furnished by the city should the complainant decide to proceed before the commission or the district court.
(l) Director's authority to dismiss a complaint and review thereof. If at any time after the signing of a verified complaint and before referral of the complaint to the commission the director shall determine the department lacks jurisdiction over the charge, or that the charge fails to state a claim, is frivolous, was not timely filed, or that the complainant has consistently failed to provide or has refused to provide requested information, the director may dismiss the complaint. The director may also dismiss the complaint at any time before referral to the commission based upon difficulty of adjudication. The director shall set forth the reasons for the dismissal in writing and shall serve the complainant and the respondent with a copy of this written decision and a statement explaining the complainant's right to file a civil action or to appeal the determination to the commission review committee and subsequently file a civil action. The complainant's filing of an appeal with the director and the appointment and operation of the review committee shall follow the procedures set forth in section 141.50 (j).
(m) Notice to commissioners. The director shall provide the commission annual updates on the status of complaints.
(n) Hearing procedure.
(1) Within thirty (30) days following the referral of a complaint, the chairperson of the commission:
a. Shall designate three (3) persons who may be members or non-members of the commission, all three (3) of whom shall be lawyers, to serve as a hearing committee;
b. Shall designate a presiding commissioner of the hearing committee; and
c. Shall set a time and place within the city for the hearing of such complaints and the answers to the allegations thereof.
(2) If, after referral to the commission, the parties request alternative dispute resolution, the parties may participate in an alternative dispute resolution process which may be facilitated by the department. If the dispute is resolved through the alternative dispute resolution process, the parties shall notify the presiding commissioner of the hearing committee, who shall incorporate the agreement by reference into an order and dismiss the complaint with prejudice.
(o) Determination before public hearing. At any time after a complaint has been referred to a hearing committee, or to a hearing examiner, but before the public hearing has been completed, the hearing committee or hearing examiner may issue an order dismissing a complaint because it has been resolved by agreement of the parties, because it appears the allegations were not well founded or for any other justifiable reason. However, the hearing committee or hearing examiner shall attach to its order written findings of fact and conclusions of law supporting the dismissal, and shall serve a copy upon all parties. Any such dismissal shall be reviewable the same as any other final decision in a contested case, as provided in Chapter 14 of Minnesota Statutes.
(p) Hearings.
(1) Public hearings shall be conducted by the hearing committee or hearing examiner, who shall conduct the hearing in accordance with Chapter 14 of the Minnesota Statutes. After a finding of probable cause, any proposed complaint amendments must be submitted to the hearing committee or the hearing examiner, whichever is applicable. The hearing committee or hearing examiner will determine, in accordance with the Minnesota Rules of Civil Procedure, whether any complaint amendments will be allowed.
(2) Each member of a hearing committee, review committee or a presiding commissioner who is also a member of the commission shall be paid one hundred dollars ($100.00) per day while actually sitting and serving at the public hearing, the review hearing, or the prehearing conference. No fee shall be paid for any work done before or after the public hearing, the review hearing, or the prehearing conference, except that the presiding commissioner shall be paid one hundred dollars ($100.00) per day for each day following the public hearing, when conducting legal research and preparing the findings of fact, conclusions of law and order. Every member of a hearing committee or presiding commissioner who is not also a member of the commission shall be paid an amount commensurate with experience. Such fees shall be authorized by the director after being requested in writing.
(3) In the alternative, after consulting with the director, the chairperson of the commission may appoint a hearing examiner who is a lawyer and who may or may not be a member of the commission to conduct the public hearing. In such cases, the hearing examiner shall have the same duties, obligations and powers as a hearing committee. A hearing examiner who is also a member of the commission shall be paid one hundred dollars ($100.00) per day while actually sitting and serving at the public hearing and shall, in addition thereto, be entitled to one hundred dollars ($100.00) per day, for each day following the public hearing actually spent deciding the case and preparing the findings of fact, conclusions of law and order. Every hearing examiner who is not also a member of the commission shall be paid an amount commensurate with experience.
(q) Subpoenas.
(1) Issuing a subpoena. After the referral of a complaint to the commission, a complainant or a respondent may request that the presiding commissioner of the hearing committee or hearing examiner issue subpoenas requiring the presence of witnesses or the production for examination of books or papers not privileged and relevant to any matter in question at the hearing. The city attorney may apply to the district court to punish a person who disobeys a subpoena in like manner as a contempt proceeding is initiated in the district courts of this state.
(2) It is not a violation of rights conferred by Minn. Statute Chapter 13 , or any other statute related to the confidentiality of government data, for a city department or independent board or agency to provide data or information under a subpoena issued by the presiding commissioner of a hearing committee or a hearing examiner under this section.
(3) A subpoena issued under this section must be served personally or by mailing a copy of the subpoena, by first class mail, to the person to be served. A subpoena served by mail must include two (2) copies of a notice and acknowledgment of service and a return envelope, addressed to the hearing examiner, the presiding commissioner of the hearing committee, or a designated person. If acknowledgment of service is not received by the hearing examiner, the presiding commissioner of the hearing committee, or the designated person, as applicable, within twenty (20) days, service is not effective. Unless good cause is shown for not doing so, a court or administrative law judge shall order the payment of the costs of personal service by the person served if the person does not complete and return the notice and acknowledgment of receipt of the subpoena within the time allowed.
(r) Findings. If the hearing committee or hearing examiner finds that the respondent has engaged in discrimination, the hearing committee or hearing examiner shall make written findings of fact and conclusions of law, and shall issue an order directing the respondent to cease and desist from the discriminatory act or practice found to exist, and to take such other affirmative action as in the judgment of the hearing committee will effectuate the purposes of this title. Such order shall be a final decision for purposes of appeal or enforcement. The hearing committee or hearing examiner shall order any respondent found to be in violation of any provision of section 139.40 to pay a civil penalty to the City of Minneapolis. This penalty is in addition to compensatory and punitive damages to be paid to an aggrieved party. The hearing committee or hearing examiner shall determine the amount of the civil penalty to be paid, taking into account the seriousness and extent of the violation, the public harm occasioned by the violation, whether the violation was intentional, the cost of investigation incurred by the City of Minneapolis, and the financial resources of the respondent. Any penalties imposed under this provision shall be paid into the general fund of the city. In all cases, the hearing committee or hearing examiner may order the respondent to pay an aggrieved party, who has suffered discrimination, compensatory damages in an amount up to three (3) times the actual damages sustained. In all cases, the hearing committee or hearing examiner may also order the respondent to pay an aggrieved party, who has suffered discrimination, damages for mental anguish or suffering and reasonable attorneys fees in addition to punitive damages in an amount not more than twenty-five thousand dollars ($25,000.00). Punitive damages shall be awarded pursuant to Minn. Statutes Section 549.20. In any case where a political subdivision is a respondent, the total punitive damages awarded an aggrieved party may not exceed twenty-five thousand dollars ($25,000.00) and in that case if there are two (2) or more respondents, the punitive damages may be apportioned among them. Punitive damages may only be assessed against a political subdivision in its capacity as a corporate entity and no regular or ex officio member of a governing body of a political subdivision shall be personally liable for the payment of punitive damages pursuant to this section. In addition to the aforesaid remedies, in a case involving discrimination in:
(1) Employment: The hearing committee or hearing examiner may order the hiring, reinstatement or upgrading of an aggrieved party who has suffered discrimination, with or without back pay, admission or restoration to membership in a labor organization, or his or her admission to or participation in an apprenticeship training program, on-the-job training program or other retraining program, or any other relief the hearing committee or hearing examiner deems just and equitable.
(2) Housing: The hearing committee or hearing examiner may order the sale, lease or rental of the housing accommodation or other real property to an aggrieved party who has suffered discrimination, or the sale, lease or rental of a like accommodation or other real property owned by or under the control of the person against whom the complaint was filed, according to terms as listed with a real estate broker; or if no such listing has been made, as otherwise advertised or offered by the vendor or lessor, or any other relief the hearing committee or hearing examiner deems just and equitable.
The hearing committee or hearing examiner shall cause the findings of fact, conclusions of law and order to be served on the complainant and respondent personally, or pursuant to section 141.50 (t), and shall furnish copies to the director and the city attorney.
(s) Respondents subject to city's licensing or regulatory power. In the case of a respondent which is subject to the licensing or regulatory power of the City of Minneapolis or any board, commission, or agency thereof, if the hearing committee or hearing examiner determines that the respondent has engaged in a discriminatory practice, and if the respondent does not cease to engage in such discriminatory practice, the director may so certify to the licensing or regulatory agency. Unless such determination of discriminatory practice is reversed in the course of judicial review, a final determination is binding on the licensing or regulatory agency. Such agency may take appropriate administrative action, including suspension or revocation of the respondent's license or certificate of public convenience and necessity, if such agency is otherwise authorized to take such action.
(t) Service. All papers required to be served may be served either personally or by mailing them to the person's last known address by first class United States Mail, registered or certified United States Mail, or commercial courier which provides substantially equivalent service. Service is complete upon mailing. (Ord. of 12-30-75, § 8; 77-Or-157, § 1, 7-29-77; 82-Or-115 , § 2--4, 6-25-82; 83-Or-325 , § 1, 12-30-83; 84-Or-043 , §§ 2, 3, 3-30-84; 86-Or-203 , § 1, 8-22-86; 87-Or-178 , §§ 1, 2, 10-9-87; 88-Or-215 , §§ 1, 2, 11-23-88; 89-Or-091 , § 1, 5-26-89; 92-Or-064 , §§ 1, 2, 5-22-92; 93-Or-133 , §§ 2--5, 8-27-93; 95-Or-164 , § 2, 12-29-95; 2006-Or-062 , §§ 2, 3, 6-16-06; Ord. No. 2017-078 , § 2, 12-8-17; Ord. No. 2025-022 , § 7, 5-1-25)