A prevalent aspect of discrimination is that it can be invisible to the people who do not experience it. In cases where discrimination is not overt, it can be especially difficult to convince others of its existence. Non-direct discrimination, which can often be unintentional, consistently targets people with disabilities, as those without disabilities take for granted privileges and accessibility that do not actually exist for various classes … [Read more...]
The Impact of COVID-19 on Disability Protections
As the effects of the COVID-19 pandemic persist and employers struggle with both enforcing mandatory vaccination requirements and planning for return to work scenarios, many employees have questions and need guidance on when contracting COVID-19 qualifies as a disability, and what protections and/or accommodations an employer must provide when otherwise requiring employees to return to work. While there are often no “one-size-fits all” answers … [Read more...]
Federal Laws that Prohibit Employment Discrimination
Federal employment discrimination laws, and related retaliation laws, date back to the post-Civil War Reconstruction period. The Civil Rights Act of 1866 was the first federal law to prohibit race discrimination in employment. Five years later, the government passed the Ku Klux Klan Act of 1871 to enforce the provisions of the Fourteenth Amendment and provide redress for discriminatory action taken by the government, but few people brought claims … [Read more...]
What Changes Should We Expect in Employment Law Under the Biden Administration?
As we near the end of President Biden’s first 100 days in office, there have already been several policy changes that impact employees, including the extension of unemployment benefits under the recent $1.9 trillion stimulus package and the proposed withdrawal of the previous administration’s rule broadening the definition of independent contractors under the Fair Labor Standards Act. In the coming months and years, expect to see more changes … [Read more...]
Why Can Discrimination Make Job-Hunting In Minnesota Difficult?
Discrimination in the hiring process is illegal in Minnesota. Under the Minnesota Human Rights Act and Title VII of the Civil Rights Act of 1964, prospective employers cannot discriminate against an applicant because of his or her race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age. Nonetheless, discrimination can and does still … [Read more...]