Committee-approved bill would remove ‘severe or pervasive’ court standard in sexual harassment cases

Minnesota may become the first state to eliminate the “severe or pervasive” standard in sexual harassment cases.

A bill sponsored by House Majority Leader Joyce Peppin (R-Rogers) wouldn’t change what constitutes sexual harassment in state law, but would give judges more discretion to move forward with sexual harassment cases that previously may not have met the “incredibly high standard” that was set by a 1986 Supreme Court ruling, Peppin explained in a news release.

"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."

House Majority Leader Joyce Peppin

The House Civil Law and Data Practices Policy Committee approved HF4459 late Thursday and sent it to the House Floor. The bill’s companion, SF4031, sponsored by Karin Housley (R-St. Marys Point), is awaiting action by the Senate Judiciary and Public Safety Finance and Policy Committee.

Peppin, who chairs the House Subcommittee on Workplace Safety and Respect, sponsored the bill after hearing expert testimony in the subcommittee. Sheila Engelmeier, an attorney who focuses on harassment policies and procedures, testified in March, saying courts have narrowed the definition of harassment so now “you almost have to be raped to qualify as a sexual harassment victim.”

However, those concerned with the bill – including several attorneys and Mike Hickey, state director of the National Federation of Independent Business – testified Thursday that removing the “severe or pervasive” precedent set by case law would remove guardrails for the courts, wouldn’t make workplaces any safer, and would lead to more lawsuits that would cost employers a lot of money.

Rep. Bob Loonan (R-Shakopee) said he was also concerned with the lack of clarification in the bill for the courts when considering sexual harassment cases.

The subcommittee also made recommendations for changes to House policy that aim to “eliminate harassment and discrimination” and protect members, staff and the public. Those changes – along with a resolution to allow the subcommittee’s work to continue in the form of a task force during the interim – were adopted by the House Rules and Legislative Administration Committee on Wednesday.