Two laws in Minnesota prohibit employers from discriminating based on age. The Minnesota Human Rights Act prohibits discrimination against applicants and employees who are at least 18 years old, unless age is a bona fide occupational qualification (BFOQ) for the job in question (MN Stat. Sec. 363A.01 et seq.). The Minnesota Retirement Law prohibits employers from discriminating based on age against individuals under the age of 70, except when federal or state law compels or specifically authorizes such action (MN Stat. Sec. 181.81 et seq.). The law authorizes mandatory retirement at age 70. However, employers with 20 or more employees are subject to the federal Age Discrimination in Employment Act (ADEA), which permits mandatory retirement in limited circumstances only.
The Retirement Law applies to all private employers, and the Human Rights Act applies to all employers, both public and private.
Under the Human Rights Act, it is unlawful to:
• Refuse to hire or to maintain a system of employment that unreasonably excludes a person seeking employment because of age, unless based on a bona fide occupational qualification (BFOQ).
• Discharge or discriminate against a person with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment.
• Require or request a person to furnish information that pertains to age, or require or request a person to undergo a physical examination, unless the exam is to determine fitness for employment (see Physical Exams in this section).
• Seek and obtain age-related information for purposes of making a job decision, information from any source, unless for the purpose of compliance with any rule, regulation, or law of the ...