Most employers know not to discriminate against employees or prospective employees. Discrimination occurs when an employer treats someone adversely and differently than others based on their inclusion in a protected class. Employment discrimination is illegal under both state and federal laws.
However, employers are not always aware of what those protected classes are and may discriminate without ever realizing what they are doing. For instance, an employer may make assumptions about what a disabled employee can or cannot do and take action to terminate or – perhaps think they are acting out of kindness – reassign the employee without the employee ever asking for an accommodation or showing an inability to perform the original job functions. Assumptions can cause an employer to unintentionally discriminate, even when their misguided actions are well-intentioned.
In addition to disability, Minnesota recognizes several other protected classes, including race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, membership or activity in a local commission, sexual orientation, or age (over 40).
As an employer, your number one goal in avoiding discrimination allegations should be to treat everyone fairly. Ensure that all prospective employees are given the same chance to apply for a job. Institute dress codes that apply to all employees, not just certain groups. Be sure that all employees are paid fairly for the work they are doing, and in those instances when you do not treat employees exactly the same, be sure that the basis for the differential treatment is unrelated to their protected classes (for example, different rules may apply to part-time and full-time employees).
With this fairness mindset, you can mitigate the risk of discrimination lawsuits. That being said, if you do find yourself in the midst of an employment law dispute, be sure to seek legal advice. Timelines can be short, and the consequences can run high.