Minnesota Women's Economic Security Act Expands Pay, Leave, Discrimination Protections

UPDATE: The effective date for the nursing mothers, parental leave, sick leave and wage disclosure provisions is July 1, 2014.

Author: Gloria Ju

May 20, 2014

On Mother's Day, Minnesota Governor Mark Dayton signed the Women's Economic Security Act (Act), which contains a broad range of legislation relating to pay, leave and discrimination that affects both female and male employees. Some of the Act's provisions were immediately effective and others go into effect soon.

Two provisions took effect on May 12:

  • All employers with at least one employee are now prohibited from discriminating against employees based on familial or caregiver status.
  • Employers with 21 or more employees at one site are now required to provide reasonable accommodations for pregnant employees.

The following provisions of the Act will take effect August 1, 2014:

  • Increased protections for nursing mothers (applies to employers with at least one employee);
  • Twelve weeks of unpaid leave for prenatal care and pregnancy-related health conditions. The law, which applies to employers with 21 or more employees, previously only covered the birth or adoption of a child and only allowed for six weeks of leave;
  • The use of personal sick leave for safety leave related to sexual assault, domestic abuse and stalking, and coverage of parents-in-law and grandchildren (applies to employers with 21 or more employees);
  • A requirement for employers with 40 or more employees to obtain an equal pay certificate if it does more than $500,000 of business with the state; and
  • Protections for all employees who disclose or discuss their wages.

Effective October 5, 2014, the Act expands unemployment eligibility to victims of sexual assault and stalking.

In Minnesota, female employees reportedly earn 20 percent less than male employees and family responsibility discrimination rose by 400 percent between 1989 and 2008. While the law is intended to remove workplace and economic barriers for women, the law benefits both female and male employees. Employers should review their policies and procedures in light of these changes.