Kitzer Rochel Recognized by Tech Titan

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Kitzer Rochel is proud to announce that we have been recognized by ModeOne as a Service Partner! ModeOne is a cutting-edge leader in providing high quality solutions for and obtaining and analyzing vital evidence stored on smartphone and short-message chat applications. By choosing to partner with ModeOne, Kitzer Rochel continues its commitment to providing its clients with the best tools for success in their cases.

In recognizing Kitzer Rochel as a Service Partner, ModeOne highlights Kitzer Rochel’s promise of excellence to its clients, by using the best tools available and utilizing pioneering technology. Kitzer Rochel looks forward to continue to grow its relationship with legal technology leaders like ModeOne. These two champions of greatness will continue to stand together as we change not only the legal landscape, but the world.

Frances Baillon Co-Authors Article Explaining Revisions to MHRA and Increased Worker Protections

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Frances Baillon, with co-author Sam Kramer, wrote an article published in the September 2024 edition of Bench & Bar. The article, “Toward a More Perfect Minnesota: How the ’23-’24 Legislature Expanded Civil Rights Protections,” describes the most recent amendments to the Minnesota Human Rights Act. These include increased protections in the areas of disability, gender identity, familial status and damages available for violations of the Act. The article discusses the impact of these amendments and how they will continue to ensure strong civil rights protections for all Minnesotans.

The full article is available here.

Frances is a distinguished attorney recognized for her exceptional legal expertise and dedication to her clients. She has been named a Super Lawyer and is repeatedly celebrated among the Top 50 Women and Top 100 lawyers in her field. Frances is a frequent speaker and author on employment law given her extensive experience and many accolades and achievements.

If you have any questions about recent legislation affecting employees in Minnesota, or employment law more generally, do not hesitate to contact us to see how we can help.

Brian Rochel Quoted in Article Discussing Tim Walz’s Labor Record

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We are proud to announce that Brian Rochel, a partner at Kitzer Rochel PLLP, was recently quoted in a Law360 article discussing Vice President Kamala Harris’s newly announced running mate, Minnesota Governor Tim Walz. Rochel was asked to comment on Governor Walz’s extensive labor and employment record. In the article, Brian highlights the significant impact of Walz’s policy initiatives, particularly in areas such as pay transparency, paid leave, and gig worker protections.

Brian noted, “It would be fair to look at some of the policy initiatives that Gov. Walz has helped champion in Minnesota as the kinds of things that I would expect would show up on a platform for a Harris-Walz ticket.” His insights provide valuable context on how Walz’s track record could influence future national labor policies if elected as Vice President in the 2024 election.

You can find the full article here.

We are pleased to see Brian’s expertise recognized in this important discussion about the future of labor and employment law in the United States. Stay tuned for more updates from Kitzer Rochel, PLLP as we continue to advocate for the rights of workers across the nation.

The Law Continues to Get Better for Minnesota Employees: MHRA Expanded

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The Minnesota Human Rights Act (MHRA) has been expanded in several important ways that will help employees across Minnesota. Governor Walz has signed a new bill, HF 4109, and it’s packed with great updates to the MHRA to help workers all over the state. Some highlights of the changes include:

Key Points of the New Law

  1. Intersectional Discrimination: The new law recognizes that discrimination can happen to people who belong to more than one protected group. This means if someone faces unfair treatment because they belong to multiple groups, like being both a woman and a person of color, the law will protect them.
  2. Disability Definition: The law now has a broader definition of “disability.” It includes conditions that come and go or are in remission, aligning more closely with the Americans with Disabilities Act Amendments Act (ADAAA).
  3. Harassment Protection: It’s now clear that harassment based on any protected characteristic (like race, gender, or disability) is against the law, not just sexual harassment.
  4. Familial Status: The definition of “familial status” has been expanded, but the details are not provided in the summary.
  5. Extended Deadlines: If the Minnesota Department of Human Rights (MDHR) dismisses a claim, workers now have 90 days to file a lawsuit, instead of the previous 45 days. This matches the federal Equal Employment Opportunity Commission (EEOC) limit.
  6. Statute of Limitations: If MDHR takes too long to investigate a case, workers won’t lose their right to file a lawsuit because of it. This fixes some old case law problems.
  7. Punitive Damages: There is no longer a cap on punitive damages for claims against non-government entities. This means workers can potentially receive more money if they win their case because their employer intentionally or recklessly violated the law.
  8. Treble Damages: The law confirms that workers can get triple the amount of emotional distress damages, not just economic damages.
  9. Jury Decisions: In cases under the Minnesota Human Rights Act, a jury, not a judge, will decide all damages questions.

How the Law Came to Be

This bill was created by the Minnesota Department of Human Rights (MDHR) and is the first of its kind. The MDHR submitted an omnibus bill that was carried forward and put into law in a bipartisan effort, and signed by Governor Walz. Kitzer Rochel attorneys Frances Baillon, Phillip Kitzer, and Brian Rochel all helped in the effort to expand the MHRA along with many other members of Minnesota’s Chapter of the National Employment Lawyers Association (MN-NELA). Thanks to the effort of many dedicated lawyers and lawmakers, we’ve achieved something amazing by working together. This new law will provide better protection and support for workers in Minnesota.

When Do the Changes Come Into Effect

Some of the new provisions are in effect already because they only clarify the existing law. Any new legal requirement added by the law will go into effect on August 1, 2024. Contact us if you have questions about this exciting new update or employment law more generally.

Brian Rochel Named Top Lawyer by Minnesota Monthly

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We are pleased to announce that Brian Rochel was recognized as a Top Lawyer in Minnesota for 2024 by Minnesota Monthly Magazine. This is a prestigious recognition reserved for select attorneys who are selected by their peers specifically in Labor and Employment Law.

Brian is humbled to be recognized for this honor and looks forward to continuing to push for excellence in representing workers across the state of Minnesota. If you have questions about employment law or believe you may have been treated unlawfully at work, contact Kitzer Rochel today.

Phillip Kitzer, Frances Baillon, and Brian Rochel Again Named Super Lawyers; Frances Named among Top 100 and Top 50 Women Lawyers

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Kitzer Rochel is excited to announce that the dedication and expertise of our legal team have been recognized yet again as Brian Rochel, Phillip Kitzer and Frances Baillon have been selected as Super Lawyers in Minnesota for this year. In addition, Frances made the lists of Top 50 Minnesota Women Super Lawyers and Top 100 Minnesota Super Lawyers. We are immensely proud of this recognition and grateful for the trust our clients place in us year after year.

Super Lawyers is a highly respected rating service that annually recognizes outstanding lawyers from various practice areas across the country. Each year, candidates undergo a rigorous selection process, involving nominations, independent research, and evaluations. Being chosen as a Super Lawyer is a remarkable achievement, as it reflects not only exceptional legal skills but also a consistent track record of success and the highest level of professional ethics.

We remain committed to upholding the highest standards of legal excellence and providing the best possible representation to our clients. Thank you to our clients and peers for placing their trust in us, and we look forward to continuing to serve the community with expertise, integrity, and compassion.

Phillip Kitzer Presents at Eighth Circuit Employment Conference in Des Moines, IA

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On April 26, 2024, Phillip Kitzer co-presented at the Eighth Circuit chapter of the National Employment Lawyers Association conference in Des Moines, Iowa, along with attorney David Albrecht of Fiedler Law Firm. Their session, titled “Eighth Circuit Case Law Update,” offered a comprehensive review of important court decisions affecting employees at the district, appellate, and Supreme Court levels. Their  presentation helped employment attorneys throughout the Eighth Circuit better understand the key legal changes and how they impact the field of employment law.

Phillip is a regular presenter at state, regional, and national employment conferences. If you have questions about Minnesota employment law and how recent court decisions may affect you, contact us today.

U.S. Supreme Court Issues Major Victory in Sex Discrimination Case, Lowering the Standard for Proving Discrimination

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On April 17, 2024, the U.S. Supreme Court issued a landmark ruling clarifying that any discriminatory treatment of an employee violates Title VII. The Court ruled in favor of an employee, Sergeant Jatonya Clayborn Muldrow, in her sex discrimination case against the City of St. Louis. Muldrow, who worked as a plainclothes officer in the St. Louis Police Department’s Intelligence Division, was transferred to a uniformed job in the Fifth District against her wishes. She alleged that the transfer was due to her being a woman and that it negatively impacted her employment terms and conditions.

The lower courts had rejected Muldrow’s claim, stating that she needed to show that the transfer caused a “significant” employment disadvantage. However, the Supreme Court rejected this approach, stating that Title VII’s text does not establish such a high bar for proving harm in a discrimination case.

Justice Kagan, who delivered the opinion of the Court, emphasized that while an employee must show some harm from a forced transfer (or other type of employment action) to prevail in a Title VII suit, they need not show that the injury satisfies any sort of significance test. The Court vacated the judgment of the Court of Appeals for the Eighth Circuit and remanded the case for further proceedings consistent with its opinion.

This decision is a major victory for employees who face discrimination in the workplace, as it clarifies that they do not need to meet an elevated threshold of harm to pursue a Title VII claim. The Supreme Court’s ruling reinforces the importance of protecting workers from discriminatory practices that adversely affect their employment terms and conditions, regardless of the perceived significance of the harm caused.

If you have questions about the Muldrow decision, gender discrimination, or employment law generally, please contact us today.

 

Hennepin County Jury Awards Landmark Verdict of Over $4.6 Million in Whistleblower Case

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In January 2024, Brent Bullis, a radiologist and senior shareholder of Consulting Radiologists, Limited (CRL) in Eden Prairie, was granted a historic jury verdict of $4.6 million in a case against his employer for wrongful termination.

Dr. Bullis brought a claim against CRL and Allina Health System for retaliation in violation of the Minnesota Whistleblower Act and the Minnesota Human Rights Act. Dr. Bullis alleged that he was terminated in retaliation for his reports of sex discrimination, billing fraud, patient care violations, and illegal and fraudulent activity to CRL. Dr. Bullis, who had worked with CRL for over 18 years, brought forth these concerns to leadership out of good faith and hope that CRL would change its practices so that he could continue his career at CRL. However, when CRL repeatedly failed to act, he warned that he would have to report his concerns to Allina Health, the parent company of Abbott Northwestern Hospital where Dr. Bullis practiced through CRL. In response, CRL terminated his employment. 

While Bullis’ claims against Allina Health were dismissed in August 2023, his claims against CRL proceeded to trial. After a two-week long trial, the jury ruled in favor of Dr. Bullis and granted him $ 4,587,602 in damages. The damages calculation included actual and compensatory damages, including past and future wage loss and emotional distress.  

This damages award was a significant victory for Dr. Bullis, for employment rights advocates, and for future plaintiffs. A jury award this high shows that the Minnesota community does not tolerate employers who retaliate against their employees for reporting ethical and legal violations and safety concerns. The inclusion of emotional distress damages also recognizes that the effects employees face after discrimination in their workplace extends beyond just the loss of a paycheck. Losing a job often leads to significant effects on a person’s mental and physical health, reputation, and dignity.  

If you have questions about employment law, or feel that your rights may have been violated, contact Kitzer Rochel today.

EEOC Issues Pregnant Workers Fairness Act Regulations

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Last December, President Biden signed the Pregnant Workers Fairness Act (PWFA) into law. The PWFA requires employers to accommodate employees who are affected by pregnancy, childbirth, or related medical conditions so that they can remain healthy while retaining their jobs.

This week, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule to implement and interpret the PWFA. The rule provides important clarifications on what the PWFA means, and outlines examples of situations where it would apply.

For example, telling your supervisor that you’re having trouble getting to work at your scheduled start time because of morning sickness counts as notifying your employer of your need for a reasonable accommodation under the PWFA.

Other reasonable accommodations include time off for medical appointments related to pregnancy or childbirth, more frequent bathroom breaks, or light duty due to pregnancy related limits on heavy lifting.

If you are experiencing discrimination or retaliation on the basis of your pregnancy or other protected status, contact Kitzer Rochel. Our experienced employment law attorneys would be happy to discuss your case and understand your legal rights and options.