Andersen to pay a former job applicant a year’s worth of pay as part of settlement with Minnesota Dept. of Human Rights over refusal to hire the applicant because of disability; window and door maker must also work to build a more inclusive workplace

ST. PAUL, Minnesota , October 12, 2022 (press release) –

The Minnesota Department of Human Rights (MDHR) today announced a settlement agreement that requires Andersen Corporation, the window and door manufacturer, to pay a former job applicant a year’s worth of pay and work to build a more inclusive workplace for people with disabilities. 

“Minnesota is not in the business of excluding people from jobs because of their disability,” said Minnesota Department of Human Rights Commissioner Rebecca Lucero. “The state’s civil rights law requires employers to have inclusive hiring practices, which help employers recruit applicants and foster a stronger workforce.” 

The Case
MDHR found that in 2019, Andersen Corporation withdrew a job offer to an applicant at their Bayport production facility after learning of his disability. 

The company claimed that it withdrew the offer because the applicant could not safely operate a forklift. However, operating a forklift was not an essential function of the job. 

Furthermore, MDHR found that the applicant could safely operate a forklift, a fact that was confirmed by his doctor. When the applicant provided medical documentation to Andersen Corporation and asked them to reconsider his employment, the company again refused to hire him. 

MDHR found that the employer’s alleged justification for rescinding the job offer was false. MDHR’s investigation concluded that Andersen Corporation refused to hire the applicant because of his disability, in violation of the Minnesota Human Rights Act, the state’s civil rights law.   

Settlement Agreement 
To help prevent future discrimination, the settlement agreement requires Andersen Corporation to:

Audit all manufacturing positions at Minnesota-based production facilities so they accurately reflect the actual job functions of each role. 
Create and enforce a policy so applicants can appeal a decision to rescind a job offer. 
Provide all employees with anti-discrimination training, including disability-related topics. 
The agreement also requires Andersen Corporation to pay the former applicant $41,000. 

MDHR will monitor the company for three years to ensure compliance with the settlement agreement.

If you believe you have been discriminated against, submit this online form or call the Discrimination Helpline at 1-833-454-0148. 

The Minnesota Department of Human Rights is the state’s civil rights enforcement agency. It is tasked with enforcing the Minnesota Human Rights Act, one of the most comprehensive state civil rights laws in the country.

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