Tag Archive for: Minnesota Human Rights Act

Minnesota Supreme Court Issues Landmark Disability Discrimination Decision

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On February 27, 2019, the Minnesota Supreme Court issued a major decision in favor of employees. The case, Daniel v. Minneapolis, addressed whether an employee who is disabled as a result of a work injury can bring a claim under the Minnesota Human Rights Act (MHRA). For decades, such employees were prohibited from filing MHRA claims because of a prior supreme court ruling in Karst v. FC Hayer Co., Inc. (issued in 1989). Under Karst, disabled employees were prohibited from bringing human rights claims because they were preempted by Minnesota’s Workers’ Compensation Act. Consequently, any employee who experienced disability discrimination resulting from a work injury was left without any recourse to remedy the discrimination.

This led to absurd results. For example, if an employee suffered a disabling injury outside of work, she would be protected from discrimination under the MHRA. But if that same employee became disabled at work, she would have no protection from discrimination. Her employer would be free to fire her because of her disability and nothing more. This was bad policy for Minnesotans and was out of step with the rest of the country, with nearly every state rejecting similar interpretations of their own state laws.

In Daniel, the Minnesota Supreme Court corrected that problem and overruled the Karst decision. Writing for a 5-2 majority, Justice Margaret Chutich wrote, “Unlike the workers’ compensation act, the human rights act is a civil rights law that protects employees from unlawful employment discrimination.” The Court recognized the fundamental difference between the Workers’ Compensation Act, which is designed to remedy work injuries, and the MHRA, which is designed to protect disabled employees from discrimination. Because of these differences, neither law preempts the other. Instead, workers have rights under both.

Teske, Katz, Kitzer & Rochel lawyers Phillip Kitzer and Brian Rochel wrote on behalf of the Minnesota Chapter of the National Employment Lawyers Association in a “friend of the court” or amicus brief, asking the Supreme Court to overrule the Karst decision. “This marks a great step forward for all employees in Minnesota and corrects a decades-long error in the law,” said Phillip Kitzer. “Employees should not be treated differently and denied equal protection simply because they become disabled as a result of a work injury. That is not consistent with Minnesota’s strong history of protecting and advancing human rights,” added Brian Rochel.

If you have any questions about Daniel v. Minneapolis, disability discrimination, workers’ compensation retaliation, or employment law generally, please contact Teske, Katz, Kitzer & Rochel today.

Kitzer & Rochel Defeat Summary Judgment in Federal Court

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In Jason Lindner v. Donatelli Bros. of White Bear Lake d/b/a Donatelli’s, Brian Rochel and Phillip Kitzer defeated summary judgment in U.S. District Court. Lindner’s claims involved FMLA interference and retaliation as well as for seeking time off from work related to his disability. After 18 years of employment, Jason Lindner was fired while on FMLA leave stemming from a recently-developed respiratory airway disease (RADs).  The person who decided to terminate Lindner, Trish Appleby, testified that she relied on video footage to disprove that Lindner fell in the parking lot, justifying her decision to terminate him for falsifying a workers’ compensation claim.

The Court held that summary judgment was not appropriate because there was sufficient evidence for a jury to find that Donatelli’s proffered reasons for termination were pretext for retaliation. First, Appleby admitted she was skeptical of the injury even though Lindner’s account of the fall was “pretty much the same” to the account he gave her.  Second, the Court stated that the video was unclear and could reasonably discredit Appleby’s “adamant testimony” that she could “clearly” tell from the tape that he did not fall.  Likewise, Appleby adamantly claimed that Lindner’s doctor’s note did not contain “one objective” indication of injury, yet the doctor’s note did contain indications that Lindner was injured. Third, the Court found that the timing of Appleby’s investigation into the alleged fall could be considered suspicious.  Appleby did not take it upon herself to investigate the injury until after Lindner suffered the RADs injury and requested time off from work.  Fourth, Appleby testified that Lindner’s previous requests for time off constituted “performance problems” that could have led to his termination.  Finally, Appleby did not provide Lindner the same opportunities to remedy alleged behavioral problems that it provided other employees, even those who committed offenses she considered “flagrant.” The Court held, “This evidence of hostility combined with the timing of his termination and the shaky foundation of her professed belief could lead a reasonable jury to discredit Appleby and conclude her decision was in fact motivated by Lindner’s medical leave.”

Likewise, the Court denied Donatelli’s summary judgment motion on Lindner’s FMLA entitlement claim.  Although Donatelli’s argued that Lindner “never” made an FMLA request, the Court found that the argument is “clearly contradicted by the record.” Lindner submitted a complete FMLA request for the day before he was terminated, and Donatelli’s was “clearly on notice of his potential need for FMLA leave because Appleby raised the issue with him and sent him FMLA paperwork, which stated he was eligible for leave[]”. Accordingly, the Court held that Lindner’s FMLA entitlement claim could proceed to jury trial along with his retaliation claim under state and federal law.

The full opinion, issued by U.S. Judge Richard J. Kyle, is available here.