• Age Discrimination in Employment Act (ADEA) – Applies to employers with 20 or more employees , protecting individuals age 40 and older from discrimination in hiring, firing, compensation, and other terms and conditions; it also restricts waivers and requires that waivers meet strict statutory and EEOC criteria. • Americans with Disabilities Act (ADA) – For employers with 15 or more employees , prohibits discrimination against qualified individuals with disabilities and requires reasonable accommodation absent undue hardship. Other federal protections include: • Rehabilitation Act of 1973 – Prohibits disability discrimination by federal agencies, federal contractors, and recipients of federal financial assistance; enforced in part by the Office of Federal Contract Compliance Programs (OFCCP). • USERRA – Prohibits discrimination against employees and applicants based on military service and provides reemployment rights; applies broadly to public and private employers. These federal laws generally set a national floor; Minnesota law often goes further.
STATE LAW PROHIBITING DISCRIMINATION
Minnesota Human Rights Act (MHRA) The Minnesota Human Rights Act, Minn. Stat. Chapter 363A, is broader than federal law in both coverage and protected characteristics . Coverage: Generally applies to all employers with one or more employees , as well as employment agencies, labor organizations, and staffing firms. • Protected characteristics include: race, color, creed, religion, national origin, sex, marital status, familial status , status with regard to public assistance, disability, age, sexual orientation, and membership or activity in a local human rights commission, plus protection from reprisal . The 2023 “CROWN Act” amendments clarify that “race” includes traits associated with race , such as natural hair texture and styles like braids, locs, and twists, so hair‑based discrimination can be treated as race discrimination. “Familial status” under the MHRA includes: • Being pregnant or in the process of securing legal custody of a minor, and • Having one or more minors domiciled with a parent/guardian or a designated caregiver with written permission. The MHRA makes it an unfair employment practice to refuse to hire, discharge, or otherwise treat an individual differently in hiring, tenure, compensation, terms, conditions, facilities, or privileges of employment because of any protected characteristic or in reprisal for opposing discrimination or participating in a related proceeding. Bona fide occupational qualifications (BFOQs) are permitted only in rare cases , and the employer bears a strict burden to justify them.
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