MINNESOTA

EMPLOYMENT LAW

REPORT

The Minnesota Employment Law Report is our award – winning blog offering expert insight to the business community concerning employee relations, labor law, employee benefits, employment litigation and much more.

Use of Artificial Intelligence Hiring Technologies May Lead to Disability Discrimination

David Richie

Last week, the U.S. Justice Department and Equal Employment Opportunity Commission warned that employers who utilize artificial intelligence to evaluate job applicants and employees may run afoul of laws prohibiting…

Altruism or Inaction: How Either Tactic Leads to ADA Claims

Janell Stanton

The ADA requires that employers provide reasonable accommodations to qualified employees with disabilities so the employee can continue to perform the essential functions of their job. To be entitled to…

New EEOC Guidance Extends Disability Discrimination Protection to Workers Who Contract COVID-19

Kau Guannu

Back in September, the EEOC issued guidance stating workers suffering from “long-haul” COVID-19 may be disabled under the Americans with Disabilities Act (ADA) “in certain circumstances.” New guidance released yesterday…

Employer Accommodations Extend to Workplace Access and Privileges of Employment

Janell Stanton

A recent decision in EEOC v. Kaiser Foundation Health Plan serves as a stark reminder for employers that the ADA’s duty to accommodate employees doesn’t stop at those accommodations an…

Employees Suffering from “Long COVID” May be Protected by the Americans with Disabilities Act

Janell Stanton

The Office for Civil Rights of the Department of Health and Human Services (“HHS”) and the Civil Rights Division of the Department of Justice (“DOJ”) have collaborated to develop guidance…

Website Accessibility: The New Frontier

Colin H. Hargreaves

With the increasing use of online platforms for hiring, employers must bear in mind the accessibility and accommodation requirements of the Americans with Disabilities Act (ADA) and, if a federal…

An Accommodation May Not Be Reasonable Even If It Has Been Granted For a Long Time

Dennis J. Merley

A federal appeals court has ruled that the fact that an employee has been accommodated for an extended period does not mean that the accommodation is reasonable and must be…

Is a Job “Vacant” When the Employee is On Leave and Unlikely to Return?

Dennis J. Merley

When the Americans With Disabilities Act (ADA) says that accommodation includes transfer to an existing vacancy, does the term “vacancy” apply when a job is open because the employee is…