State settles with Andersen Corp. over discrimination claim

Andersen Corp. is settling a discrimination claim alleging the company withdrew a job offer after learning of an applicant’s disability, the Minnesota Department of Human Rights announced on Wednesday.

The settlement requires the Bayport-based window and door manufacturer to pay a former job applicant a year’s worth of wages and work to build a more inclusive workplace for people with disabilities, according to a press release.

The agreement requires Andersen Corporation to pay the former applicant $41,000. The person’s name and the nature of his disability were not released.

“This single instance from 2019 is not reflective of our policies, practices or procedures then or now,” Andersen’s Senior Director of Communications Eliza Chlebeck said in a statement. “If an inadvertent gap in our practices is identified, we take immediate action to address the concern and improve our practices to ensure every individual … is treated fairly and equitably.”

According to the department’s findings, Andersen withdrew a 2019 job offer to the applicant at their Bayport production facility, saying he could not safely operate a forklift. However, operating a forklift was not an essential function of the job, and the department found that the applicant could safely operate a forklift, as confirmed by his doctor.

The department found that Andersen’s justification for rescinding the job offer was false and that the company declined to hire the applicant because of his disability, in violation of the Minnesota Human Rights Act.

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

In addition to monetary settlement, the agreement requires Anderson to audit all manufacturing positions so that 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, and provide all employees with anti-discrimination training, in hopes that future discrimination can be prevented. Andersen has more than 13,000 employees across North America.

Related Articles