The summaries below explain federal and Minnesota employment laws in everyday language. They are general information only, not legal advice. Every situation is different. If you believe your rights have been violated, talk to an employment attorney about the facts of your case.
The Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act both make it illegal to discriminate against workers because of a disability. These laws do two things. First, they prohibit treating a qualified employee worse because of a disability. Second — and this is what makes disability law unique — they require employers to provide "reasonable accommodations" to help employees with disabilities do their jobs, unless doing so would cause the employer serious difficulty or expense.
Who is protected? You are protected if you have a physical or mental impairment that substantially limits a major life activity, if you have a record of such an impairment (for example, you were treated for cancer in the past), or if your employer regards you as having such an impairment — even if you do not actually have one. "Major life activities" include things like walking, seeing, hearing, sleeping, learning, concentrating, and working, as well as major bodily functions like immune, digestive, and brain function.
Congress amended the ADA in 2008 to make clear that the definition of disability should be read broadly. Under the amended law, courts must ignore things like medication or hearing aids that lessen your symptoms when deciding whether you have a disability (ordinary glasses and contact lenses are the one exception). Conditions that come and go — like epilepsy or major depression — count as disabilities if they would substantially limit you when active. The government has said that many conditions will almost always qualify, including cancer, diabetes, epilepsy, HIV, multiple sclerosis, autism, major depression, bipolar disorder, PTSD, and schizophrenia. Minnesota's law uses a slightly easier standard than the federal law — an impairment need only "materially" limit a major life activity.
Some conditions are excluded. Short-term problems like broken bones or the flu generally do not count. Current illegal drug users are not protected, though people who have completed rehabilitation may be.
You must also be "qualified." The law protects people who can perform the essential functions of the job — its core duties — either with or without a reasonable accommodation. Courts in this region have held that regular attendance is an essential function of most jobs.
What is a reasonable accommodation? It is a change to the job or workplace that lets an employee with a disability do the work. Examples include making facilities accessible, modifying schedules, restructuring job duties, providing equipment, allowing a leave of absence, or reassigning the employee to an open position they are qualified for. Employers do not have to eliminate the essential duties of a job, create a brand-new position, or bump another employee out of their job. In many cases, unpaid leave itself can be a reasonable accommodation — even after FMLA leave runs out. For example, an employee recovering from cancer treatment who has used all 12 weeks of FMLA leave may be entitled to additional leave under the ADA if it is reasonable and does not create an undue hardship.
The interactive process. When an employee asks for an accommodation, the employer and employee are expected to talk it through together — to identify the employee's limitations and explore what accommodations might work. Since 2021, Minnesota law expressly requires employers to start this informal, interactive conversation. An employer's refusal to engage in this process can be strong evidence against it. Employees must also participate in good faith.
The undue hardship defense. An employer can refuse an accommodation only if it would impose an "undue hardship" — a significant difficulty or expense. Courts look at the employer's size, resources, the cost of the accommodation, and its effect on operations. The employer carries the burden of proving hardship.
These summaries reflect the law as described in current legal reference materials and are provided for general education. Laws change, deadlines are strict, and small facts can make a big difference. If you have questions about your specific situation, begin a free case evaluation to discuss your situation.