Discrimination Laws Federal and Minnesota state law prohibit discrimination both in hiring and in employment on the basis of various legally protected class statuses, including but not limited to race, color, creed, religion, national origin, sex, sexual orientation, marital status, familial status, disability, genetic information, receipt of public assistance, age, and military service. Most employers are aware of these restrictions and would never consider making a decision on the basis of an employee’s protected class status. However, advances in technology have revolutionized both the hiring process as well as management of current employees. Employers should be aware of the ways in which discrimination laws could be impacted by these changes, especially when utilizing AI as a screening tool. Protected Class Information . Employers generally may not ask applicants or employees about protected class status. In many cases, an employee’s protected class status (such as race or gender) will be apparent to an employer. However, there are many circumstances where an employee’s protected disability or religion would not be readily apparent to an employer. Resources available on the Internet—particularly social media—can complicate this delicate balance for employers. In conducting an online search or reviewing social media sites of an applicant or an employee, an employer may learn information about the individual’s protected class status. While employers in most cases are not prohibited from learning protected class information, they are prohibited from considering protected class information in making hiring and employment decisions. As such, having access to this information through online searches can increase the risk of a discrimination claim. Employers should therefore take special steps to wall off the individuals performing searches from the hiring or employment decision process to ensure that protected class information is not shared with or taken into account in the decision-making process.
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