In Minnesota, employees who believe in good faith that their employers have violated a contract, and who object or complain about the violation, may have a claim under the state’s whistleblower law if the employer retaliates. In Florida, such a claim would be dead on arrival because the whistleblower statute there requires an actual violation of a law or regulation. So, which state’s law applies to a potential claim can be vitally important. … [Read more...]
Workplace Affirmative Action After the Supreme Court Decision on Preferential Admission to College
Why the Affirmative Action Case Does not Apply to the Workplace On June 29, 2023, the U.S. Supreme Court ruled in the Students for Fair Admissions case (“SFFA”) that colleges and universities can no longer make admissions decisions based in part on race. So much for educational affirmative action, and at first blush some may think this case means diversity, equity, and inclusion (“DEI”) initiatives by private companies also must be dead. Not … [Read more...]
Disability Accommodation in Minnesota
Both U.S. and Minnesota law require employers with more than fifteen employees to provide reasonable accommodations to disabled workers, but the federal Americans with Disabilities Act (“ADA”) and the Minnesota Human Rights Act (“MHRA”) provisions aren’t identical, and the differences can be important. Procedurally, a plaintiff must file a federal claim with the Equal Employment Opportunity Commission (“EEOC”) or the Minnesota Department of … [Read more...]
God, The Supreme Court, and LGBTQ Employment Rights
Over the last few years, state laws allowing discrimination against LGBTQ people have sprouted up like toxic mushrooms after a foul storm. Legislatures in all but three states have at least considered anti-LGBTQ bills since 2020. Almost 240 were proposed in the first three months of 2022 alone, up from about 200 for all of 2021. In 2018, there were fewer than 50. The proposed laws would exclude LGBTQ issues from school curricula, allow … [Read more...]
Pitfalls in Physician Contracts
Medicine is a unique profession; a life and death calling for many doctors, but for most also a hard-nosed business with little margin for error. Physician contracts reflect the profession’s special status, and the conflicting pressures on employers who want to attract and keep top talent, but also want to pay as little, and retain as much termination autonomy as possible. Especially for younger doctors about to take their first real job, … [Read more...]
