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Home›Disabled›Anderson Corp. will pay $41,000 and revise its hiring practices after withdrawing job offer from candidate with disabilities – InForum

Anderson Corp. will pay $41,000 and revise its hiring practices after withdrawing job offer from candidate with disabilities – InForum

By Evan Cooper
October 12, 2022
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ST. PAUL — A Minnesota-based manufacturing company on Wednesday, Oct. 12, agreed to pay more than $40,000 and review its hiring practices as part of a settlement over the withdrawal of a discriminatory job offer.

The settlement resolved a complaint filed with the Minnesota Department of Human Rights (MDHR), which works to create a more equitable and inclusive state through the elimination of discrimination.

An investigation by the MDHR revealed that in 2019, Andersen Corp., headquartered in Bayport, an international producer of doors and windows, withdrew a job offer from a candidate at its production plant in Bayport after the company learned of the candidate’s disability.

The company had claimed that the reason for withdrawing the offer was that the plaintiff was unable to drive a forklift safely. The MDHR found, however, that driving a forklift was not an essential function of the job that had been offered to the candidate.

Contradicting Andersen’s alleged basis, the MDHR concluded that the plaintiff was capable of operating a forklift safely and had doctor’s approval to do so. After providing medical documentation supporting his ability to drive a forklift, the plaintiff allegedly asked the company to reconsider withdrawing the offer, which the MDHR said Andersen “again refused “.

After an investigation by the MDHR concluded that Andersen’s justification for rescinding the job offer was false and was instead based on the claimant’s disability status, the MDHR concluded that Andersen had violated the law on Minnesota Human Rights, the state’s civil rights law that provides additional, more comprehensive protections. to individuals as required by federal law.

The MDHR did not release any specific information about the candidate, including his gender, age, disability, or the position for which he was applying.

As part of the settlement, Andersen agreed to pay the plaintiff $41,000, equivalent to one year’s salary if the plaintiff had been hired. The company has also agreed to audit all manufacturing positions at each Minnesota-based production facility to ensure job descriptions accurately reflect the actual duties of each position.

Andersen has further agreed to create and operate an appeals process for candidates to challenge a decision to rescind a job offer and to provide all current and future employees with anti-discrimination training, including on topics involving disabilities. MDHR will monitor the company’s compliance with the agreement for a period of three years.

According to an MDHR spokesperson, from Jan. 1 to June 30, the department received 251 civil rights complaints from Minnesotans this year, more than half of which fall within their employment category. Of these complaints, the most common are people reporting discrimination based on disability, followed by discrimination based on gender and race.

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