Human Resource Blog

Minnesota ADA

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Are all employers in Minnesota covered by the ADA?

All employers that have at least 15 employees are covered by the Americans with Disabilities Act in the state of Minnesota. However, if an employer has fewer than 15 employees, the employer does not need to abide by the Act.

The ADA is in place in order to ensure that workers that have disabilities are not discriminated against in the workplace and that they have an equal shot at the same job benefits as those employees that do not have disabilities. The Act only provides protection for workers with disabilities. Also, the Act only protects workers with disabilities from discrimination for reasons that are based on the disability and not from any other type of discrimination.

When an employer is covered by the ADA and makes an employment-related decision about employees, the employer is prohibited from taking the disability into account. Such periods of decision making may include the following:

·         Hiring

·         Compensation

·         Training

·         Promotion

·         Termination

·         Benefits

Also, employers may need to make reasonable accommodations for workers with disabilities. For example, if a worker has a visual impairment, then the employer may need to provide special visual equipment to help the employee view the computer monitor.

Both physical and mental disabilities may qualify for coverage. In order for a disability to qualify for coverage, the individual needs to have a record of having the disability. Also, the individual needs to have a disability that impairs his or her ability to function normally. A physical disability could be a missing limb. A mental disability could be an addiction or depression.

Employers may not take a disability into account when making a hiring decision, even if the employer may have to pay extra in order to hire a worker with a disability. If an employee believes that the employer has discriminated against him or her, the employer may have to prove the reasoning for the employment-related decision. CB