HF 4925

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/14/2024 02:34pm

A bill for an act
relating to employment; requiring a job accommodation request form for an
employee with a known disability; amending Minnesota Statutes 2022, section
363A.08, subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 363A.08, subdivision 6, is amended to read:

Subd. 6.

Reasonable accommodation.

(a) Except when based on a bona fide occupational
qualification, it is an unfair employment practice for an employer with a number of part-time
or full-time employees for each working day in each of 20 or more calendar weeks in the
current or preceding calendar year equal to or greater than 25 effective July 1, 1992, and
equal to or greater than 15 effective July 1, 1994, an employment agency, or a labor
organization, not to provide a reasonable accommodation for a job applicant or qualified
employee with a disability unless the employer, agency, or organization can demonstrate
that the accommodation would impose an undue hardship on the business, agency, or
organization. "Reasonable accommodation" means steps which must be taken to
accommodate the known physical or mental limitations of a qualified individual with a
disability. To determine the appropriate reasonable accommodation the employer, agency,
or organization shall new text begin , upon request, provide a job accommodation request form to an
individual who discloses a disability in need of accommodation and new text end initiate an informal,
interactive process with the individual with a disability in need of the accommodation. This
process should identify the limitations resulting from the disability and any potential
reasonable accommodations that could overcome those limitations. "Reasonable
accommodation" may include but is not limited to, nor does it necessarily require: (1) making
facilities readily accessible to and usable by individuals with disabilities; and (2) job
restructuring, modified work schedules, reassignment to a vacant position, acquisition or
modification of equipment or devices, and the provision of aides on a temporary or periodic
basis.

(b) In determining whether an accommodation would impose an undue hardship on the
operation of a business or organization, factors to be considered include:

(1) the overall size of the business or organization with respect to number of employees
or members and the number and type of facilities;

(2) the type of the operation, including the composition and structure of the work force,
and the number of employees at the location where the employment would occur;

(3) the nature and cost of the needed accommodation;

(4) the reasonable ability to finance the accommodation at each site of business; and

(5) documented good faith efforts to explore less restrictive or less expensive alternatives,
including consultation with the disabled person or with knowledgeable disabled persons or
organizations.

A prospective employer need not pay for an accommodation for a job applicant if it is
available from an alternative source without cost to the employer or applicant.

new text begin (c) The commissioner shall create and make available a job accommodation request
form for use and distribution by an employer, agency, or organization subject to the
requirements of paragraph (a). At minimum, the form must allow an employee who discloses
a disability to identify the limitations resulting from the disability and any potential
reasonable accommodations that could overcome those limitations.
new text end