Minnesota AIDS and Disease laws & HR compliance analysis

Minnesota AIDS and Disease: What you need to know

The Minnesota Human Rights Act prohibits employment practices that discriminate against an applicant or employee based on disability (MN Stat. Sec. 363A.03 et seq.). The Act covers all employers, regardless of size, except for the provision requiring reasonable accommodation which covers employers with 15 or more employees (MN Stat. Sec. 363A.08(6)).
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“Disability” defined. A “disability” is a physical, sensory, or mental impairment that materially limits a major life activity; a record of such an impairment; or being regarded as having such an impairment. Any impairment resulting from or relating to alcohol or drug abuse is excluded from the definition if it prevents a person from performing the essential functions of the job in question or constitutes a direct threat to property or the safety of others (MN Stat. Sec. 363A.03(36)).
"Qualified disabled person" defined. A “qualified disabled person” is an individual with a disability who can perform the essential functions of the position with or without reasonable accommodation.
Like the ADA, the Minnesota Act prohibits employers from basing a decision about recruitment, hiring, discharge, promotion, advancement, or the other terms and conditions of employment on the knowledge or perception that a person who is otherwise qualified to perform the job has a disability. The ADA covers employers with 15 or more employees.
The ADA and state law require employers to provide reasonable accommodation to allow a qualified individual with a disability to perform the essential functions of the job in question. Employers are not required to provide an accommodation if doing so would impose an undue hardship on the ...

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