Subdivision 1. Prospective waiver prohibited. Any provision, whether oral or written, of a lease, contract, or other agreement or instrument which purports to be a waiver by an individual of any right or remedy provided in this chapter is contrary to public policy and void if the waiver or release purports to waive claims arising out of acts or practices which occur after the execution of the waiver or release.
[See Note.]
Subd. 2. Rescission of waiver. A waiver or release of rights or remedies secured by this chapter which purports to apply to claims arising out of acts or practices prior to, or concurrent with, the execution of the waiver or release may be rescinded within 15 calendar days of its execution, except that a waiver or release given in settlement of a claim filed with the department or with another administrative agency or judicial body is valid and final upon execution. A waiving or releasing party shall be informed in writing of the right to rescind the waiver or release. To be effective, the rescission must be in writing and delivered to the waived or released party by hand, electronically with the receiving party's consent, or by mail within the 15-day period. If delivered by mail, the rescission must be:
(1) postmarked within the 15-day period;
(2) properly addressed to the waived or released party; and
(3) sent by certified mail return receipt requested.
History: 1984 c 567 s 1; 1985 c 175 s 1; 1Sp2021 c 11 art 3 s 16
NOTE: Subdivision 1 (formerly section 363.031) was found preempted by federal law with regard to arbitration agreements in Johnson v. Piper Jaffray, Inc., 530 N.W.2d 790 (Minn. 1995).
Structure Minnesota Statutes
Chapters 363 - 363A — Human Rights
Section 363A.02 — Public Policy.
Section 363A.03 — Definitions.
Section 363A.04 — Construction And Exclusivity.
Section 363A.05 — Department Of Human Rights.
Section 363A.06 — Powers And Duties Of Commissioner.
Section 363A.07 — Local Commissions.
Section 363A.09 — Unfair Discriminatory Practices Relating To Real Property.
Section 363A.10 — Real Property; Disability Discrimination.
Section 363A.11 — Public Accommodations.
Section 363A.12 — Public Services.
Section 363A.13 — Educational Institution.
Section 363A.14 — Aiding And Abetting And Obstruction.
Section 363A.16 — Credit Discrimination.
Section 363A.17 — Business Discrimination.
Section 363A.20 — Exemption Based On Employment.
Section 363A.21 — Exemption Based On Real Property.
Section 363A.22 — Exemption Based On Familial Status In Housing.
Section 363A.23 — Exemption Based On Education.
Section 363A.24 — Exemption Based On Public Accommodations.
Section 363A.25 — Exemption Based On Disability.
Section 363A.26 — Exemption Based On Religious Association.
Section 363A.27 — Construction Of Law.
Section 363A.30 — District Court, Review Orders Of Panel Or Examiner; Enforcement; Misdemeanor.
Section 363A.31 — Limitations On Waiver.
Section 363A.32 — Department Attorney.
Section 363A.331 — Actions Involving Architectural Barriers That Limit Accessibility.
Section 363A.34 — Notice Of Appeal To Commissioner.
Section 363A.35 — Access To Case Files.
Section 363A.36 — Certificates Of Compliance For Public Contracts.
Section 363A.37 — Certificates Of Compliance.
Section 363A.38 — Manufactured Home Parks.
Section 363A.39 — Affirmative Marketing Regulations.
Section 363A.40 — Rental Housing Priority; Accessible Units.
Section 363A.41 — Criminal Code; Effect.
Section 363A.42 — Public Records; Accessibility.
Section 363A.43 — Continuing Education; Accessibility.
Section 363A.44 — Equal Pay Certificate.
Section 363A.50 — Nondiscrimination In Access To Transplants.