 A worker wears a protective face mask while at work.
Worker Protections Related to COVID-19
Every Minnesotan should have the opportunity to live with dignity and joy, free from discrimination.
That's why we want to make sure that workers know their civil rights under the Minnesota Human Rights Act and remind employers of their legal obligations as more Minnesotans return to work during the COVID-19 pandemic.
Below you'll find information about unemployment insurance protections and reasonable accommodations.
If you witnessed or experienced discrimination and bias call the Discrimination Helpline at 1-833-454-0148 or complete this online form. The helpline is staffed Monday through Friday, 8:00 a.m. to 4:30 p.m. Translation/interpretation services are available.
With COVID-19 forcing thousands of Minnesotans to apply for unemployment insurance, we want to remind employers that they cannot fire, refuse to rehire, or penalize employees because they applied for or received unemployment insurance.
Under the Minnesota Human Rights Act, it is unlawful to discriminate against an employee because they applied for or received public assistance, which includes unemployment insurance benefits.
COVID-19 is disproportionately affecting communities of color and Indigenous communities, compounding existing disparities in economic opportunities and outcomes. Since mid-March, 26% of workers from communities of color and Indigenous communities in Minnesota have applied for unemployment insurance, compared to 14% of white Minnesotans in the labor force.
Discriminating against people of color, Indigenous communities, refugees, or immigrants because they applied for unemployment insurance will exacerbate inequities and disparities in our state. We must and can do better in Minnesota.
 No one should be treated differently because they applied for unemployment insurance.
We understand that many employers and workers are navigating the unemployment insurance program for the first time. If you are an employer and want to know more about employers’ obligations under the Minnesota Human Rights Act, we recommend you reach out to your attorney or call our office at 651-539-1100 or 1-800-657-3704.
Individuals with disabilities have the right to request “reasonable accommodations” from employers that are subject to the Americans with Disabilities Act and/or the Minnesota Human Rights Act.
If you have a disability that affects your risk for contracting COVID-19 or being harmed if you do contract the virus, you have the right to request a reasonable accommodation from your employer.
Generally, people with an underlying health condition (compromised immune system, currently or recently pregnant, heart disease, lung disease, etc.) can request a reasonable accommodation. For a comprehensive list of underlying health conditions, please visit the Minnesota Department of Health's website.
Examples of reasonable accommodations include:
- teleworking
- paid, sick, unpaid leave
- staggered work schedules
- changing workstations to practice social distancing
When requesting a reasonable accommodation, describe the nature of the accommodation requested and how it will assist you in performing the essential functions of your job.
Reasonable Accommodations During COVID-19
Reminders for Employers
Employers may ask employees if they are experiencing influenza-like symptoms, such as a fever, chills, a cough or a sore throat. Employers must maintain all information about employee illness as a confidential medical record in compliance with state and federal law.
During a pandemic, employers may not ask employees who do not have known or apparent influenza symptoms whether they have a medical condition the CDC says could make them vulnerable to influenza complications. Under no circumstances may an employer make decisions based on stereotypes or bias.
If employees voluntarily disclose to their employer that they have a medical condition or a disability that places them at higher risk of COVID-19 complications, the employer must keep this information confidential.
Employers may not assume employees with known medical conditions or disabilities are at heightened risk of complications from COVID-19.
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