At Vinna Human Resources we have been busy attending Employment Law Updates. The legislature was split as evenly as it could have so everything that was passed was bipartisan. The one point that Minnesota employers what to be aware of is the busy with other areas of life so there wasn’t a lot that was new for Minnesota Employers.
The update is in the MN Human Rights Act. They changed the act to include a required interactive conversation between the employer and the employee when the employee has a restriction and cannot do their job without accommodation.
“Failure to engage in the process to determine if a reasonable accommodation exists that would allow people with disabilities as defined in section 363A, subdivision 12, to participate fully in employment, housing and real property, public accommodations, public services, and education may be unfair discriminatory practice under this chapter.”
This is also the first step in the American Disability Act. The ADA is a Federal Law that applies to employers with more than 15 employees. Now this conversation needs to take place in all workplaces in the state of Minnesota or face the possible charges of discrimination. Besides that – it is a good idea to take care of your people!
How do you prepare yourself for that discussion?
- Have your job descriptions updated and essential functions notated.
- Train all supervisors to watch for possible restrictions/accommodations.
- Discuss the possible accommodation with the employee.
- Request for medical information from the employee if necessary.
The accommodation may be time off to heal, change in work equipment, or accessibility. It is up the employer to decide if the request for accommodation is reasonable and can be met. As always – if you have questions on how to proceed – Call Vinna Human Resources at 320-295-7474.
Have a safe and enjoyable summer! Nancy