Minnesota Religious Discrimination laws & HR compliance analysis

Minnesota Religious Discrimination: What you need to know

The Minnesota Human Rights Act, which applies to all employers in the state, prohibits discrimination in employment on the basis of religion or creed (MN Stat. Sec. 363A.08et seq.). Under the Act, it is unlawful to:
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• Refuse to hire or to maintain a system of employment that unreasonably excludes a person seeking employment because of religion, 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 religion.
• Seek and obtain information from any source regarding religion for purposes of making a job decision.
• Discriminate against an applicant or employee because of his or her association with a person of a particular religion.
• Print or publish a notice or advertisement that relates to employment and discloses a preference, limitation, specification, or discrimination based on religion, unless based on a BFOQ.
• Resist, prevent, impede, or interfere with the commission, or intentionally obstruct a person from complying with the Act of a commission order.
• Engage in reprisal against a person who has opposed unlawful discrimination or who has filed a charge, testified, assisted, or participated in an investigation or proceeding under the Act.
• Aid, abet, incite, compel, or coerce a person to commit unlawful discrimination or to intentionally attempt to do so.
BFOQ. It is permissible to hire an individual on the basis of religion because of a BFOQ that is reasonably necessary to the normal operation of the employer's business (e.g., hiring a Jewish rabbi to ...

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