Job accommodation request form required for an employee with a known disability upon request.

A bill for an act

relating to human rights; requiring a job accommodation request form for an

employee with a known disability; amending Minnesota Statutes 2024, section

363A.08, subdivision 6.

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

Section 1.

Minnesota Statutes 2024, 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
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, upon request, provide a job accommodation request form to an

individual who discloses a disability in need of accommodation and
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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.

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(c) The commissioner shall develop 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 a 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.

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