The Work Week with Bassford Remele

July 15, 2024

Welcome to another edition of The Work Week with Bassford Remele. Each Monday morning, we will publish and send a new article to your inbox to hopefully assist you in jumpstarting your work week.

Bassford Remele Employment Practice Group

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Recent Case Law Construing the Minnesota Human Rights Act

Michael J. Pfau

Last week, we covered amendments to the Minnesota Human Rights Act (“MHRA”) which become effective August 1, 2024. Recently, a few cases were decided that provided clarity of the MHRA’s reach. In two cases, the courts analyzed whether remote employees are protected by the MHRA, and another case construed the MHRA to provide a cause of action for failure to accommodate religious beliefs.

Remote Employees Living Outside of Minnesota are not Covered Under the MHRA.

In Kuklenski v. Medtronic USA, Inc., the United States District Court for the District of Minnesota analyzed whether remote employees are protected by the MHRA. A former worker, who was a Michigan resident, brought an action against a Minnesota-based employer, alleging age and disability discrimination under the MHRA.

Medtronic moved for summary judgment on the employee’s MHRA claims on the ground that the MHRA protects only an employee “who resides or works in” Minnesota, as defined by Minnesota Statute § 363A.03, subd. 15. The employee admitted that she does not reside in Minnesota but argued she is an employee who works in this state because she had frequent communication with Medtronic employees in Minnesota, her supervisors were mostly located in Minnesota, and in addition to her many contacts with Minnesota, she visited the state to work for Medtronic on multiple occasions. The Court found that because she did not work in this state when Medtronic allegedly discriminated against her, a reasonable juror could not find she was an employee protected under the MHRA and therefore dismissed the MHRA claims on summary judgment.

In a similar case, the United States District Court for the District of Minnesota dismissed a former employee’s MHRA claims on the same grounds as Kuklenski. In Walton v. Medtronic USA, Inc., the former employee lived and worked in Kansas City, Kansas, and rarely traveled to Minnesota for work. Relying on the Kuklenski decision, the court held the former employee did not work in Minnesota for purposes of the MHRA and thus was not an employee protected under the MHRA. Kuklenski and Walton now make it clear that remote employees living outside of Minnesota are not covered under the MHRA.

Religious Accommodation Claims are Actionable Under the MHRA.

In Ringhofer v. Mayo Clinic, Ambulance, the Eighth Circuit reversed the district court’s dismissal of failure to accommodate religious beliefs under the MHRA after former employees sued claiming Mayo terminated them for refusing Covid-19 vaccinations or testing. The MHRA makes it unlawful for an employer to “discharge” or “discriminate against a person with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment” because of “religion.” Minn. Stat. § 363A.08, subd. 2. The district court dismissed these claims, ruling that the MHRA does not have a cause of action for failure to accommodate religious beliefs. The Eighth Circuit held that because the MHRA is to be construed liberally, the MHRA does provide a failure-to-accommodate claim. This is particularly noteworthy for Minnesota employers in light of the United States Supreme Court raising the threshold for denying religious accommodation requests last summer.

From discrimination claims to accommodation requests, the Bassford Remele Employment Law group provides counsel and diligent representation to ensure compliance with the MHRA and to protect the rights and interests of employers and employees alike. Please feel free to reach out to our team with any questions.

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2024 The Work Week with Bassford Remele: Annual Employment Law Seminar
Thursday, July 18, 2024
1:30-4 PM Seminar | 4-5 PM Social

Please join our Bassford Remele employment team for our second annual The Work Week with Bassford Remele: Employment Law Seminar!

We’ll start our 2024 seminar by reviewing the new employment legislation passed this year and the employment-related case law issued by the Minnesota and U.S. Supreme Courts. With employers paying more attention than ever to the mental health of their employees, our second session will guide employers on legal issues to take into consideration when employees encounter mental health challenges. This session will feature our special guest panelist, Emily Piper, General Counsel and Vice President of Advocacy at the Hazelden Betty Ford Foundation. Finally, we’ll conclude with a social reception to enjoy refreshments and each other’s company. We hope you can join us!

• 1:30-1:45 pm: Registration and Networking
• 1:45-2:45 pm: Legislative and Supreme Court Updates
• 15-minute snack break
• 3:00-4:00 pm: Managing Mental Health Issues: Employer's Legal Duties and Employee's Rights
  • With special guest panelist, Emily Piper, General Counsel and Vice President of Advocacy, Hazelden Betty Ford Foundation
• 4:00-5:00 pm: Social

Location:
Engage Conference Center and Connect Lounge
Fifth Street Towers | 150 South Fifth Street, Suite 300 | Minneapolis, MN 55402

Complimentary parking | No fee to attend | 2.00 CLE credits will be applied for in MN and WI

We are offering this seminar in-person and via live webinar. If you have any questions about this seminar, please reach out to any member of the Employment Law Practice Group.

Register here.

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Newsletter: The Work Week with Bassford Remele

Each Monday morning, the Bassford Remele Employment Team publishes and sends an article on a timely topic to your inbox to hopefully assist you in jumpstarting your work week. (Previous articles can be found at the bottom of the Employment Practice Group page.)

Subscribe to The Work Week here.

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The Work Week with Bassford Remele, 7-15-24 (print version)

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Bassford Remele proudly serves as local and national counsel for many major corporations and Fortune 500 Companies and is a go-to litigation firm representing local, national, and international clients in state and federal courts across the region. When businesses seek solutions to their legal challenges—from the conference room to the courtroom—they seek Bassford Remele.

Bassford Remele | July 15, 2024