On  May 18, 2026, Governor Walz signed S.F. 3210, Chapter 99, effective August 1, 2026,  which adds Section 363A.02, subdivision 1(c), to the Minnesota Human Rights Act (MHRA).   The new section provides that failure to engage in the interactive process to determine whether reasonable accommodations exist for an individual with a disability may be considered an unfair discriminatory practice.

While the provision applies broadly to employment, housing, public accommodations, public services, and education, in practice for employers, it mirrors the duty to engage in the interactive process already embedded in the federal American with Disabilities Act.

The statutory language specifically states:

Failure to engage in the process to determine if a reasonable accommodation exists that would allow people with disabilities as defined in section 363A.03, subdivision 12, to participate fully in employment, housing and real property, public accommodations, public services, and education may be an unfair discriminatory practice under this chapter.

Aside from the statutory obligations, it is always a best practice to engage with an employee requesting an accommodation.  This practice ensures the restrictions and the requested accommodation are fully understood regardless of whether or not there is reasonable accommodation available, and shows that the employer acknowledged the employee’s request and gave its best efforts in accommodating the restrictions.  All employers should be sure their ADA process includes an interactive meeting with the employee and more importantly that staff administering accommodations are trained on how to effectively engage in a good faith interactive process.

Because the statutory language is new and uses permissive language of “may” there could be interpretative language in the future, but for now employers should review policies and procedures to ensure there is a clear path for engagement and documentation of a timely, individualized, interactive process. In addition, this change does nothing to reduce an employer’s obligations to engage in the interactive process under the ADA.  If you or your organization need assistance with your organization’s  accommodation processes, contact Wiley Reber Law, where our attorneys have first-hand experience in conducting the interactive process with employees, for legal advice that works.