ST. PAUL, MN—House Majority Leader Joyce Peppin, R-Rogers, introduced bipartisan legislation (HF4459) signed by 34 House co-authors—the maximum for any bill—that would make Minnesota the first state in the nation to nullify the existing "severe or pervasive" standard that sexual harassment cases must meet in order to be actionable in court. Peppin, who chairs the House Subcommittee on Workplace Safety and Respect, said the bill came in response to feedback from employment law attorneys and other experts who testified before the subcommittee that this standard was a barrier to many severe sexual harassment cases moving forward in court.
"This bill would make Minnesota a nationwide leader in combatting sexual harassment, and is a first step toward one day overturning this Supreme Court precedent," Peppin said. "For too long, victims haven't been able to have their day in court as a result of this incredibly high bar for sexual harassment cases. I appreciate the significant bipartisan support this proposal has received, and hope we can get this done this year."
The bill makes no changes to the existing state laws for what constitutes sexual harassment, but simply states that "an intimidating, hostile, or offensive environment...does not require the harassing conduct or communication to be severe or pervasive." This simple but substantive change would give judges more discretion to proceed with sexual harassment cases that previously may not have met the incredibly high standard set by the Supreme Court in 1986.
In addition to the proposed legislation, the subcommittee reviewed proposed changes to the House Discrimination and Harassment Policy, as well as a House Resolution that would allow the subcommittee's work to continue during the interim in the form of a Task Force. The resolution also directs non-partisan staff to establish a phone line and email address for complaints to be submitted, and for staff to make recommendations for a new training schedule for legislators and staff moving forward. Proposed changes to the House Discrimination and Harassment policy include empowering non-partisan staff to independently hire an outside investigator to investigate complaints, requiring that investigation results be submitted confidentially to the minority leader and Speaker of the House, and strengthening expectations for reporting and retaliation.
"These policies send a clear message that discrimination and harassment won't be tolerated in the Minnesota House, and shouldn't be tolerated anywhere in our state. We want the Minnesota House to be a safe, respectful, and welcoming environment for legislators, staff, media, lobbyists, and members of the public. These changes are a major step in the right direction," Peppin concluded.