Minnesota Supreme Court won't review WESA pregnancy accommodation decision

In April 2020, the Minnesota Court of Appeals found an existing rule requiring workers to be employed for a year before seeking parental leave doesn't apply to pregnant employees pursuing on-the-job accommodations (see One-year-of-employment rule doesnt apply to pregnancy, MN court says in our July 2020 issue) Hennepin County, the employer, appealed the decision, and in June 2020, the Minnesota Supreme Court agreed to hear the case. Because of 2021 legislative changes, however, the court recently reversed course and dismissed the appeal.

Background

The appeals court held pregnant employees requesting "non-leave accommodations" mandated by the 2014 Women's Economic Security Act (WESA) weren't limited by the definition of "employee" set forth in the Minnesota Parental Leave Act (MPLA). Remember, the MPLA states:

• The definition of "employee" is limited to those working for at least 12 months (at one-half time); and
• The definition of "employer" is restricted to those with 21 or more employees.

Instead, the court found the MPLA's definition of "employee" applied only to leave-related accommodations.

Legislature clarifies, expands WESA accommodation obligation