If a respondent contends that the person is not a qualified person with a disability,
the burden is on the respondent to prove that it was reasonable to conclude the person
with a disability, with reasonable accommodation, could not have met the requirements
of the job or that the selected person was demonstrably better able to perform the
job.
(26)
Real estate broker or salesperson means, respectively, a real estate broker as defined by Minnesota Statutes, ch. 82 and
a real estate salesperson as defined by Minnesota Statutes, ch. 82.
(27)
Real property includes real estate, tenements and hereditaments, corporeal and incorporeal.
(28)
Sex includes but is not limited to gender identity, pregnancy, childbirth, disabilities
related to pregnancy or childbirth, and sexual harassment.
(29)
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated
physical contact or other verbal or physical contact or other verbal or physical conduct
or communication of a sexual nature when:
(a)
Submission to that conduct or communication is made a term or condition, either explicitly
or implicitly, of obtaining employment, public accommodations or public services,
education, or housing;
(b)
Submission to or rejection of that conduct or communication by an individual is used
as a factor in decisions affecting that individual's employment, public accommodations
or public services, education, or housing; or
(c)