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Minnesota

One religious comment doesn’t trump legitimate discipline

08/19/2015
Just because religion was mentioned at work doesn’t mean you will lose a religious harassment lawsuit.

Best way to beat FMLA retaliation suit: Catalog problems that justified firing

08/19/2015

The at-will employment doctrine says employers can fire employees for any reason that doesn’t violate a state, local or federal law. However, employers should always view a termination as an act that might be challenged in court. So while you may not technically need a reason, it’s always better to back up your termination decision with solid evidence of performance or behavioral problems.

DHR to Jack Link’s: Promote jerky, not jerk

08/19/2015
The Minnesota Department of Human Rights has settled a sexual harassment complaint against beef jerky maker Jack Link’s. A female employee at the company’s Mankato plant complained that her supervisor repeatedly hounded her for sex.

Court hints at MHRA ‘association’ bias cause

08/19/2015
A federal court considering a claim that the Minnesota Human Rights Act prohibits discrimination in hiring against those “associated” with a disabled Minnesotan has hinted that, in the right circumstances, it would entertain such a lawsuit.

Male culture can be factor in sex bias case

08/19/2015
If your workplace appears to be dominated by men—especially at the highest levels of the company—then that could hurt your efforts to defend against a sex discrimination lawsuit. Fortunately, all other factors being equal, it won’t be a game-changer.

Co-workers are complaining: How should we deal with employee’s body odor?

08/17/2015
Q. We have an employee with a strong and unpleasant personal odor. We have gotten several complaints from other employees regarding this issue. What can we do about this, and how do we address it with the employee?

Are we legally required to stop bullying?

07/22/2015
Q. We have been hearing so much in the news about workplace bullying. In Minnesota, are employers legally obligated to prevent or stop mean behavior in the workplace?

Is co-worker resentment a reason to turn down ill worker’s telecommuting request?

07/22/2015
Q. One of our employees requested that we accommodate his health condition by allowing him to occasionally work from home. We are concerned that this arrangement will cause his colleagues to become disgruntled. May we deny the request for this reason? If not, what information may we share with the employee’s colleagues so that they are more understanding of the situation?

Medical marijuana will affect workplace policies and testing

07/22/2015
On July 1, 2015, medical cannabis became lawfully available under Minnesota’s Medical Marijuana Law (MML). The MML’s employment protections are more extensive than those offered in any other state legalizing medical marijuana use. Legal compliance will be challenging, making it important for employers to know what constitutes protected use and to understand the MML’s effect on testing programs and substance abuse rules.

Finance firm faces EEOC suit alleging transgender bias

07/22/2015
The EEOC has sued Shoreview-based Deluxe Financial Services Corp. for sex discrimination because of the way it treated a transgender employee. According to the complaint, an employee at a company office in Arizona performed her job satisfactorily for many years, but was insulted and criticized once she began presenting as a woman.