Disability Rights in Minnesota

Overview

Minnesota has some of the strongest disability rights protections in the country. The Minnesota Human Rights Act (MHRA), found in Chapter 363A of Minnesota Statutes, goes further than the federal Americans with Disabilities Act (ADA) in several important ways. If you have a disability, you are protected from discrimination in employment, housing, public accommodations, education, and public services.

This guide explains your rights under Minnesota law, how they compare to federal law, and what to do if someone violates those rights.

Who this guide is for: Minnesotans with disabilities (physical, mental, or emotional), their family members, and caregivers who want to understand disability rights under state and federal law.

Minnesota Human Rights Act vs. ADA

Minnesota law is often stronger than federal law for disability claims. Here is a side-by-side comparison:

Feature	Minnesota Human Rights Act (MHRA)	Federal ADA
Who is covered	Disability that “materially limits” one or more major life activities ( Minn. Stat. § 363A.03 subd. 12)	Disability that “substantially limits” one or more major life activities
Standard for disability	Lower bar — “materially limits” is easier to meet	Higher bar — “substantially limits” (though broadened by 2008 amendments)
Employer size	1 or more employees ( Minn. Stat. § 363A.03 )	15 or more employees
Filing deadline	1 year from discriminatory act ( Minn. Stat. § 363A.28 )	300 days (in deferral states like MN)
Where to file	MNDHR or state district court	EEOC, then federal court
Attorney fees	Available to prevailing party ( Minn. Stat. § 363A.33 )	Available to prevailing party
Other protected classes	Also protects public assistance status and gender identity explicitly	Does not cover public assistance status
Private right of action	Yes — file directly in state court within 1 year	Yes — but must exhaust EEOC first (get right-to-sue letter)

Employment Discrimination

Under Minn. Stat. § 363A.08 , it is illegal for an employer in Minnesota to discriminate against you because of your disability in any part of the employment process. This includes:

• Hiring and applications — An employer cannot refuse to hire you because of your disability if you can do the job with or without reasonable accommodation.
• Pay and benefits — You must receive equal pay and benefits as employees without disabilities in similar roles.
• Promotions and assignments — Your disability cannot be used against you in decisions about advancement.
• Discipline and termination — Your employer cannot fire you or discipline you because of your disability.
• Terms and conditions — All workplace policies must apply equally.

Reasonable Accommodation

A reasonable accommodation is a change to the work environment or the way a job is done that lets you perform your job. Examples include:

• Modified work schedules or part-time hours
• Reassignment to a vacant position
• Accessible parking or workspace
• Assistive technology or equipment
• Work-from-home arrangements
• Extra time for training or testing
• A quiet workspace for someone with sensory or concentration needs
• Modified break schedules for medical needs

Your employer must provide a reasonable accommodation unless it would cause undue hardship — meaning it would be too costly or disruptive given the employer’s size and resources.

The Interactive Process

When you request an accommodation, your employer must engage in an interactive process with you. This means:

1. You make a request. You do not need to use the words “reasonable accommodation.” Simply explain that you need a change because of a medical condition or disability.
2. Your employer responds. They should ask what you need and discuss options. They may ask for medical documentation, but only what is necessary to understand your limitation and the accommodation needed.
3. You work together. Both sides should communicate in good faith to find an accommodation that works. Your employer does not have to give you the exact accommodation you ask for, but they must consider it and offer an alternative if the original request causes undue hardship.
4. Your employer makes a decision. They must either provide an accommodation or explain why it would cause undue hardship.

What Your Employer Cannot Do

• Ask about your disability during an interview. They can ask if you can perform the essential functions of the job, but they cannot ask about the nature or severity of a disability.
• Require a medical exam before a job offer. Medical exams are only allowed after a conditional job offer, and they must be required of all applicants in the same job category.
• Disclose your disability to coworkers. Medical information must be kept confidential and stored separately from your personnel file.
• Retaliate against you. It is illegal to punish you for requesting an accommodation or filing a discrimination complaint.

Housing Discrimination

Under Minn. Stat. § 363A.09 , it is illegal to discriminate against a person with a disability in housing. This applies to landlords, property managers, real estate agents, and lenders.

Protected activities include:

• Renting or buying — A landlord or seller cannot refuse to rent or sell to you because of your disability.
• Terms and conditions — You must receive the same rental terms, application procedures, and services as tenants without disabilities.
• Reasonable modifications — You have the right to make physical modifications to your rental unit at your own expense (such as installing grab bars or a ramp). The landlord must allow these modifications.
• Reasonable accommodations — Your landlord must make exceptions to rules or policies when needed because of your disability. Common examples include:
  • Allowing a service animal or emotional support animal even in a “no pets” building
  • Providing a reserved accessible parking space
  • Allowing a live-in aide
  • Making an exception to a guest policy for a caregiver

What Your Landlord Cannot Do

• Refuse to rent to you because of your disability
• Ask about the nature or severity of your disability during the application process
• Charge higher rent, a larger deposit, or different terms because of your disability
• Refuse a reasonable accommodation or modification request without showing undue hardship
• Evict you because of your disability or because you requested an accommodation

Public Accommodations

Under Minn. Stat. § 363A.11 , businesses and organizations open to the public cannot discriminate against people with disabilities. “Public accommodations” include a wide range of places and services:

• Restaurants, stores, and shopping centers
• Hotels and lodging
• Theaters, sports venues, and entertainment
• Schools and educational institutions
• Hospitals, clinics, and medical offices
• Government offices and services
• Transportation services
• Banks and financial services
• Gyms and recreation facilities

Your Rights in Public Places

• You have the right to full and equal access to goods, services, and facilities.
• Businesses must make reasonable modifications to policies and practices when needed to serve people with disabilities.
• Physical barriers must be removed when it is readily achievable (not too costly or difficult).
• Service animals must be allowed in all public places. A business can only ask two questions: (1) Is this a service animal required because of a disability? (2) What task has it been trained to perform? They cannot ask for documentation, require the animal to wear a vest, or charge extra fees.
• Communication access must be provided, such as sign language interpreters, materials in accessible formats, or assistive listening devices.

How to File a Complaint

If someone has discriminated against you because of your disability, you have several options. You can file at the state level, the federal level, or both.

Option 1: File with the Minnesota Department of Human Rights (MNDHR)

The MNDHR is the state agency that investigates discrimination complaints in Minnesota.

1. Deadline: You must file within 1 year of the discriminatory act ( Minn. Stat. § 363A.28 ).
2. How to file: Submit a written, signed charge of discrimination. You can file online at mn.gov/mdhr, by mail, or by phone.
3. What happens next:
   • MNDHR reviews your charge and may contact you for more information.
   • If MNDHR accepts your charge, they investigate. They contact the other party and gather evidence.
   • MNDHR aims to complete its investigation and make a probable cause finding within 12 months.
   • If MNDHR finds probable cause, the case goes to conciliation (negotiation). If conciliation fails, the case can go to an administrative hearing.
   • If MNDHR finds no probable cause, you receive a letter explaining the decision. You can still file in state court.

Filing with MNDHR is free. You do not need a lawyer to file, though having one can help.

Option 2: File with the EEOC (Federal — Employment Only)

The Equal Employment Opportunity Commission (EEOC) enforces the federal ADA for employment claims.

1. Deadline: You must file within 300 days of the discriminatory act. Minnesota is a deferral state, which means the deadline is 300 days (not 180 days).
2. How to file: File online at eeoc.gov, visit a local EEOC office, or call 1-800-669-4000.
3. Dual-filing: MNDHR and EEOC have a work-sharing agreement. When you file with one agency, your charge can be automatically cross-filed with the other. This means a single filing can preserve your rights under both state and federal law. Always ask to have your charge cross-filed.
4. What happens next:
   • EEOC investigates your charge.
   • If EEOC finds a violation, they may try to settle the case or file a lawsuit on your behalf.
   • If EEOC does not resolve the case, they issue a right-to-sue letter, which allows you to file a lawsuit in federal court.

Option 3: File a Lawsuit in State Court

You can file a private lawsuit in Minnesota state district court under the MHRA without going through MNDHR first.

1. Deadline: You must file within 1 year of the discriminatory act, or within 45 days after receiving a right-to-sue letter from MNDHR (whichever is later).
2. What you can recover: Compensatory damages (lost wages, emotional distress), punitive damages, injunctive relief (an order to stop the discrimination), and attorney fees if you win ( Minn. Stat. § 363A.33 ).
3. When to use this option: State court may be a better choice if you want a jury trial, if your claim is primarily under state law, or if MNDHR has not resolved your case.

Option 4: File a Lawsuit in Federal Court (ADA Claims)

To bring an ADA claim in federal court, you must first exhaust your administrative remedies — meaning you must file with the EEOC and receive a right-to-sue letter.

1. Deadline: You must file in federal court within 90 days of receiving your right-to-sue letter from the EEOC.
2. What you can recover: Back pay, reinstatement, compensatory damages, punitive damages (capped based on employer size), and attorney fees.
3. When to use this option: Federal court may be the right choice when the employer has 15 or more employees, when you want to bring claims under both state and federal law, or when the case involves complex federal questions.

“Materially Limits” vs. “Substantially Limits”

One of the most important differences between Minnesota law and federal law is the standard used to define “disability.”

Minnesota (MHRA): A disability is a condition that “materially limits” one or more major life activities ( Minn. Stat. § 363A.03 subd. 12). This is a lower bar. More conditions qualify as disabilities under this standard.

Federal (ADA): A disability is a condition that “substantially limits” one or more major life activities. The 2008 ADA Amendments Act broadened this definition, but the Minnesota standard is still generally considered easier to meet.

What this means for you:

• If your condition does not qualify as a disability under the ADA, it may still qualify under the MHRA.
• Conditions like chronic pain, anxiety, depression, PTSD, diabetes, epilepsy, heart conditions, and many other physical and mental health conditions can meet the “materially limits” standard.
• Major life activities include working, walking, seeing, hearing, breathing, learning, concentrating, sleeping, lifting, bending, communicating, and caring for yourself.

Key Deadlines

Deadline	Details	Where to File
1 year	File a charge with the Minnesota Department of Human Rights	MNDHR ( Minn. Stat. § 363A.28 )
300 days	File a charge with the EEOC (federal, employment only)	EEOC
1 year	File a private lawsuit in Minnesota state court	State district court
45 days	File in state court after receiving right-to-sue letter from MNDHR	State district court
90 days	File in federal court after receiving right-to-sue letter from EEOC	Federal court
12 months	MNDHR target for completing investigation and probable cause finding	MNDHR

When to Get a Lawyer

You do not need a lawyer to file a complaint with MNDHR or the EEOC. However, disability discrimination cases can be complex. Consider getting legal help if:

• Your employer denied your accommodation request and you are not sure what to do next
• You were fired, demoted, or disciplined and believe it was because of your disability
• You need help understanding whether your condition qualifies as a disability under state or federal law
• You are deciding where to file (MNDHR, EEOC, state court, or federal court)
• You want to negotiate a settlement with your employer or landlord
• You received a right-to-sue letter and need to decide whether to file a lawsuit
• Your landlord refused a reasonable accommodation or modification request
• A business denied you service or access because of your disability or service animal
• You experienced retaliation for requesting an accommodation or filing a complaint

The Minnesota Disability Law Center (MDLC) provides free legal services to Minnesotans with disabilities. Call 800-292-4150 for help.

Related Guides

Workplace Harassment in Minnesota

A plain-language guide to understanding workplace harassment laws in Minnesota, including sexual harassment, hostile work environment, and how to file a complaint.

Wrongful Termination in Minnesota

A plain-language guide to understanding wrongful termination claims in Minnesota, including at-will employment exceptions, discrimination, retaliation, and how to take action.

Public Benefits in Minnesota

A plain-language guide to public benefits in Minnesota including SNAP food assistance, Medical Assistance, MinnesotaCare, MFIP, General Assistance, and SSI/SSDI.

Where to Get Help

• Minnesota Department of Human Rights: mn.gov/mdhr | 651-539-1100 | 800-657-3704 (toll-free). File a discrimination charge or get information about your rights.
• EEOC Minneapolis Area Office: eeoc.gov | 1-800-669-4000. File a federal discrimination charge.
• ADA Information Line: 800-514-0301 (voice) | 800-514-0383 (TTY). Get information about the Americans with Disabilities Act.
• 211 (United Way): Dial 2-1-1 for referrals to disability services, housing, and other resources.

Frequently Asked Questions

Does my condition count as a disability under Minnesota law? Minnesota uses a broad definition. A disability is any condition — physical, mental, or emotional — that “materially limits” one or more major life activities. This includes conditions like chronic pain, depression, anxiety, PTSD, diabetes, epilepsy, vision or hearing loss, mobility impairments, intellectual disabilities, and many others. If you are unsure, contact the Minnesota Disability Law Center at 800-292-4150 for help.

My employer has fewer than 15 employees. Am I protected? Yes. The federal ADA only applies to employers with 15 or more employees, but the Minnesota Human Rights Act applies to all employers with 1 or more employees. This means nearly every worker in Minnesota is covered by state disability discrimination law.

What is a “reasonable accommodation” at work? It is any change to the workplace or the way a job is done that helps you perform your job because of your disability. Common examples include flexible scheduling, working from home, assistive technology, ergonomic furniture, modified duties, or extra breaks for medical needs. Your employer must provide one unless it would cause “undue hardship.”

Can my employer ask about my disability? Before a job offer, no. An employer cannot ask about the nature or severity of a disability. They can ask if you can perform the essential functions of the job. After a conditional job offer, they can require a medical exam only if all applicants in the same job category are required to take one. During employment, they can only ask medical questions that are job-related and consistent with business necessity.

What should I do if my accommodation request is denied? Ask your employer to explain in writing why the accommodation causes undue hardship. Propose alternatives. Document everything. If you believe the denial is discriminatory, contact the Minnesota Disability Law Center or file a complaint with MNDHR.

Can my landlord refuse to allow my service animal? No. Under Minnesota law, landlords must allow service animals and emotional support animals as a reasonable accommodation. They cannot charge pet deposits or pet rent for these animals. They can ask for documentation from a medical or mental health provider for an emotional support animal, but they cannot ask about the nature of your disability.

What is the difference between filing with MNDHR and the EEOC? MNDHR enforces the Minnesota Human Rights Act (state law). The EEOC enforces the ADA and other federal employment discrimination laws. Because of a work-sharing agreement, filing with one can count for both. State law is often stronger for disability claims because of the lower “materially limits” standard and the 1-employee threshold.

Can I sue my employer directly without filing with an agency first? Under Minnesota law, yes. You can file a private lawsuit in state district court within 1 year of the discriminatory act without first going through MNDHR. However, to file an ADA claim in federal court, you must first file with the EEOC and get a right-to-sue letter.