Minnesota's Disability Rights Milestone
A sweeping change in Minnesota's disability rights landscape ensures heightened protections for individuals with intermittent health conditions, such as diabetes or epilepsy. The expansive legislation came into force as a direct result of one woman's experience with the State Agricultural Society, the entity responsible for the Minnesota State Fair.
Path to Legal Reform
Josianne Mell, whose tenure with the State Fair began in 1983, found herself facing a dire situation. After climbing the ranks to a position in fair administration, a cancer diagnosis in late 2019 led to her forced departure. Mell's court battle, initiated in April 2021, challenged the limited protections offered by the Human Rights Act (HRA) at that time. Despite her history of positive reviews, she faced an abrupt role change from her established office job to a "floating laborer" post upon her return from medical leave. This change was both unexpected and taxing.
Disability Defined Anew
The HRA's refresh hinges on the way 'disability' is now defined, recognizing those impairments that are episodic or remissive. The Act stipulated that to be considered disabled, a person's impairment must materially limit one or more major life activities. This meant individuals like Mell, whose conditions could ebb and flow, were not considered disabled once their immediate health crisis had passed. Human Rights Commissioner Rebecca Lucero has underscored that this updated definition aligns with human needs and the understanding that many live with fluctuating health issues.
Legal Proceedings and Outcomes
Mell's legal actions initially resulted in a confidential settlement in her favor regarding the alleged federal Family and Medical Leave Act (FMLA) violations. Nevertheless, her case under the HRA was dismissed, with the judge noting her cancer was not a qualifying disability under the Act's stringent definitions. This crucial case laid the groundwork for legislative action. The change in the law now supports individuals in a similar predicament to what Mell faced, acknowledging that such fluctuations in health still significantly impact major life activities.
Implications for Minnesotans
This legislative move has broad implications, as the Minnesota Department of Health indicates that around 40% of people may receive a cancer diagnosis during their lifetime. Moreover, the HRA now aligns more closely with the Americans with Disabilities Act (ADA), providing protections that extend to employees of businesses with fewer than 15 people-something the federal Act does not cover. Commissioner Lucero highlights this adjustment as a testament to Minnesota's commitment to robust civil rights laws and the support it offers to those with disabilities.
In the end, this law champions a more inclusive and supportive work environment for all Minnesotans, recognizing the full spectrum of what it means to live with a disability. The amended law has been heralded as a significant step forward in disability rights, ensuring that Minnesotans with conditions that may not always be active still receive the legal protections they deserve.
