The Genetic Information Nondiscrimination Act (GINA) expands Title VII by prohibiting employers from discriminating against employees on the basis of “genetic information”. The Age Discrimination in Employment Act (ADEA) protects persons age 40 or older from discrimination by employers of 20 or more employees. Under that law, employers also must provide the same level of health care benefits to persons over the age of 65 as offered to younger employees. Note that the EEOC has issued guidance on, and many courts have decided cases involving, the type of waivers of claims under the ADEA that employers may lawfully obtain from their employees. As a result of amendments, these laws are also applicable to state and local governments, government agencies, and other political subdivisions. The Rehabilitation Act of 1973 prohibits discrimination because of physical or mental disability and applies to any employer who receives federal financial assistance or is a federal contractor. This law is enforced by the Office of Civil Rights, in the U.S. Department of Health and Human Services, Chicago, Illinois and the U.S. Department of Labor. Any employer with a federal contract of $2,500 or more must comply with an affirmative requirement to employ disabled persons. Alleged violations of this part of the Act are handled by the U.S. Office of Federal Contract Compliance. The Americans with Disabilities Act prohibits discrimination on the basis of disability. The employment provisions of this Act are substantially similar to those in the Rehabilitation Act of 1973. The employment provisions of the Act apply to employers of 15 or more employees. To assist businesses in making structural modifications necessary to make their facilities accessible to disabled persons, both the Internal Revenue Code and Minnesota Statutes allow some or all of these expenses to be deducted in computing income tax. The Uniformed Services Employment and Reemployment Rights Act of 1994 prohibits employers from discriminating with respect to the employment, promotion or employee benefits of persons who serve, or apply to serve, in the uniformed services. As that Act is written in broad terms, employers are urged to seek the advice of counsel in this area. For the most part, the federal laws are administered by the Equal Employment Opportunity Commission (EEOC). STATE LAW PROHIBITING DISCRIMINATION The Minnesota law prohibiting illegal discrimination (including reprisals against persons who sought relief against discrimination) is the Minnesota Human Rights Act, Minn. Stat. Chapter 363. Generally, it has wider application than the federal anti-discrimination laws. It applies to all employers in the state who have one or more employees, as well as to employment agencies, labor organizations and temporary help agencies. The state law makes it an unfair employment practice, except when based on a limited, statutory exception or a bona fide occupational qualification, for an employer to refuse to hire, to discharge, or otherwise to treat a person differently with respect to hire, tenure, compensation, terms, upgrading, conditions, facilities or privileges of employment, because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, age,
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