• Political convention leave : Certain party officials and delegates are entitled to unpaid leave to attend conventions and central or executive committee meetings with advance written notice. Because Minnesota’s leave and break landscape is evolving—particularly with ESST and Paid Family and Medical Leave—employers should regularly check Minnesota DLI and DEED resources for current requirements and model policies.
EMPLOYEE TESTING AND BACKGROUND CHECKS
PRE-EMPLOYMENT TESTING Minnesota employers may require applicants to take pre‑employment tests (other than physical exams or drug/alcohol tests) as long as: • The test is not used to discriminate against any member of a protected class (see Human Rights section). • The test measures only essential job‑related abilities and is required of all applicants for the same position , regardless of disability (except where workers’ compensation law authorizes otherwise). • The test accurately measures aptitude, achievement, or other relevant factors, and does not merely reflect impaired sensory, manual, or speaking skills unless those abilities are themselves legitimate job requirements. Employers with 15 or more employees during at least 20 weeks in the current or prior year must also comply with EEOC guidelines on employment tests. If a facially neutral test has a statistically significant adverse impact on a protected group, the employer may need to show that: • The test is job related and consistent with business necessity ; and • There is no equally effective alternative with substantially less adverse impact. Unless the job‑relatedness is obvious (e.g., a typing test for a typing position), employers should consult testing and legal experts. PRE-EMPLOYMENT PHYSICAL EXAMINATIONS Minnesota employers may require applicants to undergo a post‑offer, pre‑employment physical examination (which may include medical history) at the employer’s expense if: • A conditional job offer has been made that is contingent only on passing the examination. • The exam tests only for essential job‑related abilities . • The exam is required of all applicants conditionally offered the same position, regardless of disability (except exams authorized under workers’ compensation law). The physical may include a drug and alcohol test if the requirements of Minnesota’s drug‑ and alcohol‑testing statute are satisfied.
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