Employment exemptions.
Saint Paul Legislative Code § 183.031
in effectSec. 183.031. - Employment exemptions.
(a) The provisions of section 183.03 shall not apply to:
(1) The employment of any individual by his/her parent, grandparent, spouse, child or grandchild or in the domestic service of any person;
(2) A religious or fraternal corporation, association or society, with respect to qualifications based on religion, when religion shall be a bona fide occupational qualification for employment;
(3) The employment of one (1) person in place of another, standing by itself, shall not be evidence of an unfair discriminatory practice;
(4) An age restriction applied uniformly and without exception to all individuals established by a bona fide apprenticeship program pursuant to Minnesota Statutes, Chapter 178, which limits participation to persons who enter the program prior to some specified age and the trade involved in the program predominantly consists of heavy physical labor or work on high structures;
(5) Neither shall the operation of a bona fide seniority system which mandates differences in such things as wages, hiring priorities, layoff priorities, vacation credit, and job assignments based on seniority be a violation of the age discrimination provisions of this chapter, so long as the operation of such system is not a subterfuge to evade the provisions of this chapter;
(6) With respect to age discrimination, a practice whereby a labor organization or employer offers or supplies varying insurance benefits or other fringe benefits to members or employees of differing ages, so long as the cost to the labor organization or employer for such benefits is reasonably equivalent for all members or employees;
(7) A restriction imposed by state statute, home rule charter, ordinance or civil service rule, and applied uniformly and without exception to all individuals, which established a maximum age for entry into employment as a peace officer or firefighter;
(8) By law or published retirement policy, a mandatory retirement age may be established without being a violation of this chapter if it is established consistent with Minnesota Statutes, Section 181.81. Nothing in this chapter nor in Minnesota Statutes, Section 181.81 shall prohibit employee pension retirement plans from granting pension credit to employees over the age of sixty-five (65) at a lesser rate than is granted to other employees; provided that in no event may an employee's accumulated pension credits be reduced by continued employment, and further provided that no other state or federal law is violated by the reduced rate of pension credit accrual. Nothing in this chapter shall be construed to prohibit the establishment of differential privileges, benefits, services or facilities for persons of designated ages if:
a. Such differential treatment is provided pursuant to statute; or
b. The designated age is greater than fifty-nine (59) years or less than twenty-one (21).
Clause b. above does not apply to hiring, tenure, compensation, upgrading or conditions of employment.
(9) Nothing in this chapter concerning age discrimination shall be construed to validate or permit age requirements which have disproportionate impact on persons of any class otherwise protected by this chapter.
(b) It is not a violation of this chapter for an employer, employment agency or labor organization:
(1) To require or request a person to undergo physical examination, which may include a medical history, for the purpose of determining the person's capability to perform available employment, provided:
a. That an offer of employment has been made on condition that the person meets the physical and mental requirements of the job, except that a law enforcement agency filling a peace officer position may require or request an applicant to undergo psychological evaluation before a job offer is made, provided that the psychological evaluation is for those job-related abilities set forth by the board of peace officer standards and training for psychological evaluations and is otherwise lawful;
b. That the examination tests only for essential job-related abilities; and
c. That the examination, unless limited to determining whether the person's disability would prevent performance on the job, is required of all persons conditionally offered employment for the same position regardless of disability; or
(2) With the consent of the employee, after employment has commenced, to obtain additional medical information for the purposes of assessing continuing ability to perform the job and employee health insurance eligibility or for the purposes mandated by state or federal law;
(3) To administer pre-employment tests, provided that the tests measure only essentially job-related abilities; are required of all applicants for the same position regardless of disability unless limited to determining whether the person's disability would prevent performance on the job; and accurately measure the applicant's aptitude, achievement level, or whatever factors they purport to measure rather than reflecting the applicant's impairment of sensory, manual or speaking skills, except when those skills are the factors the tests purport to measure;
(4) To limit receipt of benefits payable under a fringe benefit plan for disabilities to that period of time which a licensed physician reasonably determines a person is unable to work; or
(5) To provide special safety considerations for pregnant women involved in tasks which are potentially hazardous to the health of the unborn child, as determined by medical criteria.
(c) Nothing in this chapter shall be construed to prohibit any program, service, facility or privilege afforded to a person with a disability which is intended to habilitate, rehabilitate or accommodate that person. It is a defense to a complaint brought under the employment provisions of this chapter that the person bringing the complaint or action has a disability which in the circumstances and even with reasonable accommodation, as defined in section 183.03(7), poses a serious threat to the health or safety of the disabled person or others. The burden of proving this defense is upon the respondent.
(Ord. No. 17585, § 4, 8-30-88; Ord. No. 17930, § 5, 6-11-92)
Source: City of Saint Paul, Minnesota, City Charter, Legislative Code and Administrative Code (Municode Library, library.municode.com)URL: https://library.municode.com/mn/st._paul/codes/code_of_ordinances?nodeId=PTIILECO_TITXVIIIHURI_CH183HURI_S183.031EMEXFetched: 11/1/2026