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SF 1939

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2021 03:46pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human rights; requiring an interactive process when interacting with
individuals with disabilities under chapter 363A; amending Minnesota Statutes
2020, section 363A.08, subdivision 6.


Section 1.

Minnesota Statutes 2020, 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 deleted text beginmakedeleted text endnew text begin provide anew text end reasonable accommodation deleted text beginto the known disability of
a qualified disabled person or job applicant
deleted text endnew text begin for a job applicant or qualified employee with
a disability
new text end 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 deleted text begindisabled persondeleted text endnew text begin individual with a disabilitynew text end.
new text begin To determine the appropriate reasonable accommodation it may be necessary for the
employer, agency, or organization to initiate an informal, interactive process with the
individual with a disability in need of the accommodation. This process should identify the
precise limitations resulting from the disability and potential reasonable accommodations
that could overcome those limitations.
new text end"Reasonable accommodation" may include but is
not limited to, nor does it necessarily require: (1) making facilities readily accessible to and
usable by deleted text begindisabled personsdeleted text endnew text begin individuals with disabilitiesnew text end; 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

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.