On Friday, legislation to update Minnesota’s sexual harassment laws cleared the Senate Judiciary and Public Safety Finance and Policy Committee. The bill, authored by Senator Karin Housley (R-St. Marys Point), amends state law to protect victims of sexual harassment by adding clarity to the current ‘severe or pervasive’ legal standard.

“Sexual harassment of any kind is not tolerated in Minnesota – period,” said Senator Housley. “This is about adding clarity to the law, holding those who engage in sexually harassing behavior accountable, and preventing sexual harassment from ever taking place. There should be no doubt that sexual harassment is unacceptable.”

Under the law as it is currently written, one of the ways sexual harassment discrimination may occur is when unwanted sexual advances, conduct, or communication create an intimidating or hostile environment. In interpreting this provision, Minnesota courts have adopted the federal standard that requires harassment to be ‘severe or pervasive’ in order to be actionable.

Senate File 2295 amends Minnesota law to reject problematic federal case law, instead reaffirming that legally-actionable sexual harassment in Minnesota must be both objectively and subjectively harassing and that the ‘severe or pervasive’ standard may be met with one significant instance of harassing conduct or a series of harassing conduct.

“These are needed changes to clarify exactly what the law says and better equip Minnesota courts to hold harassers accountable,” Senator Housley continued. “Women and men in workplaces across Minnesota need to know their voices are being heard.”

A summary of the legislation, prepared by nonpartisan Senate counsel, is available here.

Senator Karin Housley, of St. Marys Point, represents the Forest Lake area and the St. Croix River Valley in the Minnesota Senate. She serves as chairwoman of the Senate Family Care and Aging Committee and is an assistant majority leader.