SB 1022
Modifies and creates new provisions relating to unlawful discriminatory practices
LR Number:
Last Action:
3/27/2018 - Hearing Cancelled S Small Business and Industry Committee
Journal Page:
Calendar Position:
Effective Date:
August 28, 2018

Current Bill Summary

SB 1022 - This act modifies and creates several provisions relating to unlawful discriminatory practices.


Under this act, neither the state nor any political subdivision of the state shall impose a penalty on specified individuals and entities on the basis that such individual or entity believes or acts in accordance with a sincere religious belief that marriage is or should be recognized as the union of one man and one woman, or that sexual intimacy is properly reserved to such a marriage.

Additionally, the act includes new provisions prohibiting adverse decisions relating to accreditation, certification, or licensing of an individual or entity based on such individual or entity's religious beliefs regarding marriage, family, or sexuality.

Neither the state nor a political subdivision shall engage in any adverse action against an individual or entity for exercising a protection under this act.


The act prohibits a public institution of higher learning from taking any action or enforcing any policy that denies a religious student association a benefit available to another student association, or otherwise discriminate against such association, based on the religious student association's sincerely held religious beliefs or requirements.


This act prohibits discrimination based upon a person's sexual orientation or gender identity. Such discrimination includes unlawful housing practices, denial of loans or other financial assistance, denial of membership into an organization relating to the selling or renting of dwellings, and unlawful employment practices.

The act modifies the definition of "employer" under the MHRA to exclude only those corporations and associations that are "primarily" owned or operated by religious or sectarian organizations, regardless of whether being a member of the religion or sect is a requirement for employment.

The act modifies the exemptions under current law from the prohibitions on discrimination in places of public accommodation. Furthermore, the act provides that no person shall be subject to a penalty under this section for declining to personally be a participant in a wedding or marriage or to provide goods or services of expressional or artistic creation, such as a photographer or florist, for a wedding or marriage, or a closely preceding or ensuing reception therefore, because of a sincere religious belief concerning marriage between two persons of the same sex.

The act permits certain religious organizations or a nonprofit institution or organization operated, supervised, or controlled by or in conjunction with such a religious organization to limit the sale, rental, or occupancy of dwellings it owns or operates for other than commercial purposes on the basis of sex, sexual orientation, or gender identity, reasons of personal modesty or privacy, or in furtherance of the free exercise of religion.

The act permits employers to adopt reasonable dress and grooming standards as well as reasonable rules and policies that designate sex-specific facilities, provided that such standards and rules afford reasonable accommodations based on gender identity to all employees.

Employees are permitted to express their religious or moral beliefs and commitments in the workplace in a reasonable, nondisruptive, and nonharassing way on equal terms with similar types of beliefs or commitments allowed by the employer in the workplace, unless the expression is in direct conflict with the essential business-related interests of the employer.

Furthermore, employers are prohibited from discharging, demoting, terminating, or refusing to hire any person, or retaliating against, harassing, or discriminating in matters of compensation or in terms, privileges, and conditions of employment against any person otherwise qualified, for lawful expression or expressive activity outside of the workplace regarding the person's religious, political, or personal convictions, including convictions about marriage, family, or sexuality, unless the expression or expressive activity is in direct conflict with the essential business-related interests of the employer.

The act permits a political subdivision to adopt or maintain an ordinance, regulation, or policy prohibiting discrimination in employment, housing, or public accommodations on the basis of sexual orientation or gender identity provided that it comports with certain provisions of this act.

This act contains a non-severability clause.