Notable Legislative Changes Implicate Employment Practices

The 2026 regular legislative session closed in May. A few changes are important for MCIT members to be aware of.

Minnesota Human Rights Act

A section of the Minnesota Human Rights Act, Minnesota Statutes, Section 363A.02, was modified to include language stating it may be an unfair discriminatory practice under the Act to fail to “engage in the process to determine if a reasonable accommodation exists that would allow people with disabilities … to participate fully in employment, housing and real property, public accommodations, public services, and education[.]” (Minn. Sess. Laws ch. 99.) This change takes effect Aug. 1, 2026.

The Minnesota Human Rights Act previously required employers with 15 or more employees to engage in an informal, interactive process to determine the appropriate reasonable accommodation for a job applicant or employee with a disability in need of an accommodation (see Minn. Stat. § 363A.08, subd. 6). This was the only provision in the Act that explicitly required an interactive process to respond to a request for accommodation.

No changes were made to the process for employers to determine a reasonable accommodation set out in Minnesota Statutes Section 363A.08, subd. 6.

At the time of writing, the Minnesota Department of Human Rights had not published any guidance related to the law’s change.

Criminal History and Employment

Changes were made to Minnesota Statutes, Section 364.03, which provides standards and procedures to follow when a person who has been convicted of a crime seeks public employment. The statute prohibits public employers from disqualifying applicants from consideration for a position on the basis of a past conviction unless the crime(s) is directly related to the position for which the applicant is applying. It also requires public employers to consider evidence of rehabilitation before denying an individual employment on the basis of criminal history.

The statute previously stated an applicant “shall not be disqualified” from public employment if the applicant “can show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the public employment sought … .”

The language of the statute was modified to clarify that an applicant “may be disqualified” from the employment unless the applicant can show “both: (1) competent evidence of sufficient rehabilitation; and (2) present fitness to perform the duties of the public employment sought ….” (see Minn. Sess. Laws ch. 97, art. 9, §§ 2-3.)

The statute also lists various types of documentary and other evidence the employer may consider in deciding whether the applicant showed both factors. These changes took effect May 19.

Members are encouraged to contact their legal counsel with any questions about these changes to the law.