accessible to the disabled person, or initiating practices like job restructuring, work schedule modifications, reassignment to a vacant position, acquisition or modification of equipment or devices, or providing aides on a temporary or periodic basis. “Undue hardship“ is determined by evaluating a number of factors, including the size of the business, the type of operation, work force size and composition, the nature and cost of the needed accommodation, the employer’s ability to finance the accommodation, and good faith efforts to explore less restrictive or less expensive alternatives with the employee and individuals or organizations knowledgeable about the needs of disabled persons. The state law provides that whenever health care records or medical information adversely influence any hiring, firing or promotional decision about an applicant or employee, the employer must notify that person of that fact within 10 days of the final decision. There is no requirement in the state law that the employee must first request the information from the employer. The Act also makes it a discriminatory practice for an employer not to treat women who are pregnant, or who have pregnancy-related disabilities, the same as other persons who are not so affected, but who are similar in their ability or inability to work. An employer’s duty to make reasonable accommodation, as discussed above, also applies to women disabled by pregnancy, childbirth or related disabilities. The Human Rights Act prohibits a business from refusing to do business with a woman based on her use of her current or former surname; and a business may not intentionally refuse to do business with or contract with, or discriminate in the basic terms of the contract because of a person’s race, national origin, color, sex, sexual orientation or disability, unless it is for a legitimate business purpose. Businesses are also prohibited from discriminating in the extension of personal or commercial credit, because of race, color, creed, religion, disability, national origin, sex, sexual orientation, marital status, or receipt of public assistance, including medical or rental assistance. Another Minnesota law (Minn. Stat. § 181.938) prohibits an employer from retaliating against an employee or prospective employee who engages in the lawful use of food, alcoholic beverages, or tobacco during non-working hours. Exceptions apply for bona fide occupational requirements or to avoid a conflict of interest, and in certain other circumstances. Valid, voluntary or required affirmative action programs are not prohibited by the Human Rights Act. Obtaining otherwise prohibited information from applicants is allowed for affirmative action purposes, but it must be kept separate and apart from other job application information and not be provided to or considered by any person involved in the selection of an employee, except when an effort is being made to make a hiring decision from among candidates in an underutilized protected group, pursuant to a bona fide affirmative action plan. The Human Rights Act prohibits advertisements for employment that state a preference for applicants based on any of the protected characteristics, such as race, color, creed, religion, sex, age, sexual orientation, or marital status. Employers should avoid using terms which convey a preference for persons of a particular age or gender, e.g., “girl Friday,“ or “maintenance man.“ As a place of public accommodation, a business is prohibited from discriminating against the public on the basis of race, color, creed, religion, disability, national origin, marital status, sexual
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