orientation, or sex. Thus, a business must make reasonable accommodation, including removal of physical barriers and modification of policies, for a person with a disability, unless such access would pose a direct threat. A properly identified service animal, accompanying a person with a disability, must be allowed in a public place, provided the animal is properly leashed. CHARGES OF DISCRIMINATION An employee or applicant who feels discriminated against because of his or her age, race, sex, religion or other protected characteristic may file a charge with the Minnesota Department of Human Rights within one year of the occurrence of the discriminatory practice. The Department, after determining jurisdiction and accepting a charge for filing, will gather facts relevant to the charge and weigh the evidence provided by both sides. While parties to a charge may be represented by legal counsel, every effort is made to keep the procedure simple enough so that neither side will necessarily have to retain an attorney. Both sides are encouraged to settle the matter at any time in the process. In Minnesota, aggrieved parties may bypass the Human Rights Department and go directly to state district court to bring suit against the employer. If the evidence does not support the charge, the Department will issue a “no probable cause” finding on the merits of the charge. Note also that whether or not the Department concludes that the evidence supports the charging party’s allegations, the Department has the discretion to “dismiss” charges for a variety of reasons, such as not warranting the resources of that Department or a failure of the charging party to submit a rebuttal to the responding party’s answer to the charge. Note that both a finding of “no probable cause” and a “dismissal” may be appealed (although there are different time periods for each appeal). Note again that a charging party, no matter what the Department concludes, may file a private lawsuit in district court. If the charge of discrimination is supported by the evidence, action is taken to stop the discriminatory act or practice and relief is sought for the person who was discriminated against. If relief is not obtained through this conciliation, the Department or the charging party may take the matter to court or to a public hearing. Relief in employment discrimination cases may include the hiring, reinstatement, or upgrading of a person; up to three times back pay, including compensation for fringe benefits and interest accrued; and adoption of policies or participation in a training program. Relief could also include other compensatory damages, punitive damages, and damages for mental anguish. Violators of the law also may be assessed a civil penalty payable to the state. A person who violates the laws regarding public accommodations discrimination is guilty of a misdemeanor. Minnesota Rules 5000.2250 requires that an employer charged with discrimination must retain all charge-related documents, under its control, until the Department informs the employer that the charge has been resolved. All job applicant and employment records must be retained by an employer for at least one year after they are made, whether or not a charge has been filed. In addition, a number of federal statutes govern the retention of records regarding employees’ charges of discrimination, including disability discrimination, improper termination, or violation of civil rights. These impose retention requirements of from one year to final disposition of charges, whichever is later. Each year a comprehensive update of federal recordkeeping requirements is published in the Federal Register. A business or government reference librarian can direct employers to the latest compilation.
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