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Minnesota

Target missed connection with deaf applicant

11/28/2018
The EEOC has sued the Target retail chain for failing to accommodate a qualified deaf applicant.

Diversity initiatives: Make sure your good intentions are lawful

11/28/2018
While the Supreme Court has never overturned an employer’s voluntary affirmative action policy, lower courts have struck down such policies when they have strayed beyond Title VII and trammeled upon the rights of male and nonminority employees.

Union has no independent duty to investigate harassment

11/28/2018
A worker who sued both her employer and her union over alleged sexual harassment doesn’t have a separate action against the union over allegations it didn’t independently investigate her claim.

Religion: Extended leave may be undue hardship

11/28/2018
Employers must reasonably accommodate employees’ religious practices, as long as it does not cause an undue hardship.

Key question for unemployment benefits: Did employee quit or was he fired?

11/28/2018
Employees who quit their jobs aren’t eligible for unemployment compensation benefits. But if the employee believed the employer had already terminated him, then not showing up for work won’t count as quitting. He may be eligible for benefits.

Track every harassment complaint, document your efforts to address the problem

11/28/2018
Employers that create a complaint system for reporting harassment and follow through on those complaints with appropriate action earn a defense to most harassment claims.

Child-care needs may qualify for unemployment

11/28/2018
Employees who lose access to child-care services and who request an accommodation from their employer in order to keep working are eligible for unemployment benefits if their employer does not make the accommodation and the employee has to quit because she can’t find alternative care.

Sued for bias? Prepare to turn over discipline records

11/21/2018
When an employee alleges that discrimination caused him to be punished more severely than other workers outside his protected class, his lawyer will probably demand disciplinary records relating to other workers. Be prepared to hand over those records.

Disability accommodation may be impossible

11/21/2018
Under the ADA, employers must try to find reasonable accommodations so disabled employees can perform the essential functions of their jobs. But in fact, there may be times when no accommodation is possible.

Cargill settles suit brought by Muslim meatpackers

10/29/2018
The EEOC and Cargill, the meatpacking giant headquartered in Minnetonka, Minnesota, have settled a long-running lawsuit over the company’s denial of prayer breaks for Muslim employees.