Minnesota Clarifies that Refusing to Engage in the Accommodation Process May Be Discriminatory

The Details

Minnesota has enacted legislation that amends the Minnesota Human Rights Act’s (MHRA’s) public policy statement to clarify that failing to engage in the process to determine whether a reasonable accommodation exists that would allow an individual with a disability to participate fully in employment may be treated as an unfair discriminatory practice. The change took effect on May 19, 2026.

Background

Under the MHRA, employers with 15 or more employees must provide a reasonable accommodation for a qualified applicant or employee with a known disability, unless the employer can demonstrate that the accommodation would impose an undue hardship.

The MHRA defines "reasonable accommodation" as steps required to 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 must typically initiate an informal, interactive process with the individual who needs the accommodation.

Amended MHRA

Effective May 19, 2026, MHRA’s public policy statement was amended to make clear that if the employer fails to engage in the process to determine whether a reasonable accommodation exists, that failure may be treated as an unfair discriminatory practice.

Next steps

Covered employers should:

• Review their policies and practices for compliance with the MHRA.
• Ensure supervisors know how to recognize and respond to accommodation requests or disability related workplace needs.
• Engage promptly in an interactive process and document steps taken.