Federal regulations similarly require covered employers to keep most personnel and application records for at least one year from the date the record is made or the employment action occurs (whichever is later), and to preserve all relevant records until final disposition of any EEOC charge or lawsuit. Employers should confirm current federal and Minnesota retention rules before destroying any records tied to hiring, promotion, discipline, or termination. Preventing discrimination in hiring During recruiting and interviews, employers should limit questions to job‑related topics and apply them consistently to all applicants for the same position. • Avoid questions likely to elicit protected‑status information (for example, age/date of birth, marital or family status, religion, national origin, race, sexual orientation, gender identity, disability, or receipt of public assistance), whether asked directly or through proxies. • Focus on education, experience, licenses and certifications, essential job functions, work schedules, travel requirements, performance expectations, and other bona fide job criteria; these should be framed in neutral terms and asked of all candidates for the role. Protected‑status information obtained from any source (including social media, background checks, or references) may not be used as a factor in hiring or other employment decisions. Employers unsure about a question or requirement should review Minnesota Department of Human Rights guidance or consult counsel. AMERICANS WITH DISABILITIES ACT (ADA) – Overview for Employers The ADA prohibits discrimination against people with disabilities and imposes obligations on employers and businesses that serve the public. Title I (employment) applies to private employers and public entities with 15 or more employees, prohibiting discrimination in all aspects of employment and requiring reasonable accommodation • Title III covers places of public accommodation and commercial facilities, requiring accessible design in new construction and alterations, barrier removal where readily achievable in existing facilities, reasonable policy modifications, and auxiliary aids and services to ensure effective communication. An individual has a disability under the ADA if they have a physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment, or are regarded as having such an impairment; the ADA Amendments Act instructs courts to interpret “disability” broadly, so more employees now fall within the law’s protection. Employers must: • Restrict disability‑related questions and medical exams until after a conditional offer, and then apply them uniformly by job category. • Engage in an interactive process to identify reasonable accommodations when a need is known or apparent. for qualified individuals with disabilities unless it causes undue hards. • Title II covers state and local governments and public transportation.
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