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Major Employment Law Issues - Chapter 59 - Advising Minnesota Corporations and Other Business Organizations - 2nd Edition
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Originally from: Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
Preview Page CHAPTER 59
MAJOR EMPLOYMENT LAW ISSUES
§ 59.01 Advertisement and Initial Interview—Introduction
Title VII of the U.S. Civil Rights Act of 1964 prohibits any employer
of fifteen or more employees to “limit, segregate, or classify his or her
employees or applicants for employment in any way which would
deprive or tend to deprive them of employment opportunities or
adversely affect a worker’s employment status because of race, color,
religion, sex or national origin.”2 The Age Discrimination portion of the
Employment Act protects persons aged forty and over from
discrimination by employers of twenty or more employees.3 The
Americans with Disabilities Act prohibits employers of fifteen or more
employees from discriminating on the basis of disability.4 Before hiring, Minnesota law prohibits employers of one or more
employees from asking applicants about their age, race, color, creed,
religion, national origin, sex, marital status, status with regard to public
assistance, or disability unless the characteristic is related to the job.5 There are numerous federal and state statutes and regulations, as well as
a growing body of case law, that limit the ways employees can be hired.
There are limits both on what can be included in an advertisement and
what can be asked in an interview.
§ 59.02 Advertisements
Advertisements for help wanted should not include terms such as age
25 to 35, young, recent college graduate, boy, girl, or similar terms.
These terms are examples of age discrimination that violate federal
regulation.6 Such terms should not be used unless age is a “bona fide
occupational qualification” as defined by law.7 The term occupational
refers to qualifications that affect the employee’s ability to perform the
job.8 An employer who asserts the defense of a bona fide occupational
Roger J. Magnuson is a Partner at Dorsey and Whitney, LLP, where he serves as Head of the National Strategic Litigation Group and has practiced since 1973. He has been recognized as one of the top trial lawyers in the United States by major national and international publications, including Chambers International Guide to American Lawyers, which profiles the top 500 trial lawyers in the United States, Best Lawyers in America, Who's Who in American Law, and Who's Who in America. Mr. Magnuson was also recognized by a Journal of Law and Politics' survey for Judge's Choice "Wins Most Cases."
Some high profile cases that he has litigated include representation of the Florida Senate in the Bush v. Gore election controversy in 2000; and representation of the Plaintiffs in the widely publicized and studied Mall of America case. For several years he has represented, among other persons and entities, the Minnesota Twins and Major League Baseball principals and players in litigation; and has litigated national and local cases in federal and state court venues. He has appealed before the Supreme Court in a number of cases; as well as the Minnesota Supreme Court. He has authored several articles and 7 books.
Richard A. Saliterman is a Principal in Saliternan & Siefferman P.C., a full-service firm in Minneapolis established in 1976. Mr. Saliterman is a leading expert on corporate business matters, and is the author of several publications on business start-ups, franchises, and trademarks. Mr. Saliterman is the former National Judge Advocate for the U.S. Navy League, based in Washington D.C.
Contributing Editor:
Amanda Chang
Contributing Authors:
Alecia Anderson
Seth Back
John Baker
Shannon Berg
Constatin Burachek
Benjamin Carpenter
Ryan Check
Carl Christensen
Peter Fear
Michael Frasier
Aaron Hall
Catherine Hanson
Paul Harman
Amy Ithlan
Michael Kern
Chris Kuhlman
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