An employer may not reject an applicant based on physical inability unless the person cannot perform the essential functions of the job, with or without reasonable accommodation. Employers with 15 or more employees must provide reasonable accommodation to qualified individuals with disabilities unless doing so would impose an undue hardship. (See Issues for Employers – Human Rights.) EMPLOYEE DRUG TESTING AND CANNABIS Minnesota’s drug and alcohol testing law requires that: • Testing be conducted only under a written policy that meets statutory criteria, and • Samples be analyzed by a certified laboratory. Key points : • Employers may not discipline, discharge, discriminate against, or require rehabilitation of an employee based on a positive test unless the result is confirmed by a confirmatory test . • Employees and applicants harmed by violations may sue for damages, injunctive relief (e.g., reinstatement with back pay), and attorney’s fees. Employers with employees required to hold commercial driver’s licenses must also consider federal • Minnesota legalized adult‑use cannabis under state law, but cannabis remains illegal under federal law , which is critical for federal contractors, DOT‑regulated positions, and safety‑sensitive roles. • Recent statutory changes restrict pre‑employment cannabis testing for many positions and limit adverse actions based solely on cannabis use outside of work, while still allowing testing and discipline in certain safety‑sensitive or federally regulated roles. Employers should review and update drug‑testing policies, especially where cannabis testing is involved, and seek counsel before changing practices. The Minnesota Office of Cannabis Management provides current information on cannabis regulation and licensing. DOT testing regulations. Recreational cannabis:
POLYGRAPH TESTING State and federal law sharply restrict use of polygraphs:
• The federal Employee Polygraph Protection Act (EPPA ) generally prohibits private employers from requiring or using lie‑detector tests for hiring or employment decisions, subject to narrow exceptions (e.g., certain security and pharmaceutical roles). EPPA requires employers to post an official notice of employee rights. • Minnesota law also limits polygraph use and enforcement is handled by the Minnesota Department of Labor and Industry.
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