HF3383

Purpose

• The bill would require an employer, upon a person disclosing a disability, to provide a job accommodation request form and to begin an informal interactive process to identify limitations and possible reasonable accommodations. It amends Minnesota Statutes 2024 section 363A.08 subdivision 6 to formalize how accommodations are requested, discussed, and evaluated.

Main Provisions

• Definition of reasonable accommodation:
  • Actions taken to accommodate the known physical or mental limitations of a qualified individual with a disability.
  • Examples include making facilities accessible, restructuring work, modifying schedules, reallocating to a vacant position, modifying equipment or devices, and providing aides.
• Job accommodation request form and interactive process:
  • Upon request, employers, agencies, or organizations must provide a job accommodation request form to a person who discloses a disability.
  • They must initiate an informal interactive process to identify the disability-related limitations and potential accommodations.
• Undue hardship criteria:
  • When deciding if a requested accommodation would impose an undue hardship, factors include the size and structure of the business, the type of operation and location, the nature and cost of the accommodation, the ability to finance it at each site, and documented efforts to explore less restrictive or less expensive alternatives (including consulting with the disabled person or knowledgeable groups).
• Funding for accommodations:
  • A prospective employer does not have to pay for an accommodation if a free or no-cost alternative source is available.
• State-developed form:
  • The state commissioner must develop and make available a job accommodation request form for use by employers, agencies, or organizations. The form must at minimum let the employee identify limitations and possible accommodations.

Significant Changes to Existing Law

• Introduces a mandatory job accommodation request form and formal interactive process into the disability rights framework.
• Establishes explicit factors to assess whether accommodations would cause undue hardship.
• Codifies the role of the commissioner in creating and distributing an official accommodation-request form.

How It Works in Practice

• An employee or job applicant who discloses a disability would receive a formal form to identify limitations and potential accommodations.
• Employers would engage in an interactive discussion to identify feasible accommodations and evaluate their practicality and cost.
• If an accommodation would cause undue hardship, the employer would consider alternatives and may rely on no-cost options if available.
• The commissioner provides the standardized form for use by employers and organizations.

Implementation and Scope

• Applies to employers, employment agencies, and labor organizations covered by the disability rights statute.
• The process focuses on known disabilities and requires proactive communication to find workable accommodations.

Relevant Terms - reasonable accommodation - job accommodation request form - disability - interactive process - undue hardship - employer - employee - job applicant - employment agency - labor organization - facilities accessible - restructuring - modified work schedules - reassignment - modification of equipment or devices - aides - commissioner - Minnesota Statutes 2024 section 363A.08 subdivision 6 - alternative source without cost - limitations resulting from the disability - potential reasonable accommodations