There are two primary statutes that govern disability discrimination in Minnesota for private employers: (1) the Americans with Disabilities Act; and (2) the Minnesota Human Rights Act.
The Americans with Disabilities Act (ADA) prohibits discrimination against disabled individuals in a variety of areas, including employment, public services, housing, and public accommodations. With respect to employment, the ADA prohibits employers from discriminating against qualified applicants or employees with disabilities. The ADA also requires employers to provide reasonable accommodations to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability—unless the employer can demonstrate that the accommodation would impose an undue hardship. See 42 U.S.C. § 12112. The ADA’s employment provisions apply to any employer who is engaged in an industry affecting commerce and has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. See 42 U.S.C. § 12111(5)(A).
The Minnesota Human Rights Act (MHRA) prohibits discrimination against disabled individuals in many of the same areas as the ADA. The MHRA prohibits any employer with one or more employees from discriminating against qualified employees or applicants on the basis of disability. See Minn. Stat. § 363A.08, Subd. 2. The MHRA also requires any employer with 15 or more employees (for each working day in each of 20 or more calendar weeks in the current or preceding calendar year) to provide reasonable accommodations to the known disabilities of qualified applicants or employees—unless the employer can demonstrate that the accommodation would impose an undue hardship. See Minn. Stat. § 363A.08, Subd. 6.
