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The selection/hinn[ process and ter- .mination~ if not dope properb,,,~ may .trap a city in a cosOv legal sinkhole. The increasinq volume of coum dual- lenges regarding employee selection and termination has placed a much .,treater responsibility on city govern- ment to adorn a formalized emu, low ment system. The system should insure nondiscri- minatorT treatment of an individual at all stages of employment, including application, selection/rejection, employ- ment, and termination. Cities va.D, in the procedures the}, use for the selection and appointment of city employees which is substantia3y based on the form of government; there is a city chm-ter and whether a city has a merit or civil service system in place for employees of a particular department. This ardde offers a broad overview that ma}, assist cities in review of their selection and termination practices. Employment law is rapidly developing in all areas. Cities need to review on a regular basis all state and federal legis- lation pertaining to employee/employer relationships. Address specific questions to the city attorney or the League of Minnesota Cities. discrimination in employment. A thor- ough review of the lan', both federal and state, will guide and assist the city at each phase of an employer/employee relationship. State and federal laws specifically prohibit an employment system that "The selection&k/ag process and termination, ff not done properly, may trap a city in a costly legal sink hole." The initial stage--check the system to avoid discrimination Cities have a dear obligation to thor- .oughly understand the laws governing excludes a person based on factors such as race, color, national origin, religion, sex, age, or handicap disability. ' As the majority of our population increases in age, the city should be particularly sensitive to age discrimina- · don. The federal statute specific, cqly .. states that a discriminatory practice . occurs when an employer refuses to of whether an employer must make reasonable accommodations for a par- ticular disability whether mental or physical. Under state lane,', the human rights act (M.S.A. 363, et seq) adds rather specific guidelines to the federal legisla- tion. In particular, the Mirmesota human rights act prohibits an employer from discriminating against an employee because of age, disability, marital status, and status with regard to public assistance, or membership or activity in local human rights commission. It also specifically declares disabled individuals as a protected class and requires the employer to make rea.son- able accommodations for qualified can- didates and employees. The law states "the employer must attempt reasonable accommodations unless the employer can demonstrate that the accorm-noda- tion will impose undue hardship on the agency." The statute applies to employers with 50 or more permanent, full-time employees. Also the Minne- sota human rights act sits a much broader base for the protected class with respect to age discrkninadon in that it prohibits discrimination of any individual over the age of 18. Defining the job At the time a job vacancy occurs, the city has an opportunity to review the position and perform an objective needs assessment. A needs assessment allon, s the city to analyze the duties and responsibilities of the position. A clear and precise definition of the position will dictate the essential criteria for performance expectations and necessary. candidate qualifications. In reviewing the essential job requirements, the city. is initiating the first step of minimizing legal problems hire a.n individual who is 40 years of . that may result in the candidate screen- age or more. (See, the age discrimina- '.."ing process. The ci~ should base the tion in employment act of 1967, A.DEA 29 U.S.C. 621-34 1975, Supp. 1982). Federal taw also acknon,ledges people who a.re disabled as being a ~oup entitled to protected class status. The American disability act addresses issues criteria on the position not the individ- ual Once the city establishes the criteria, then the determination of qual- ifications is £~xed. The qualifications must be appropriate for the specific position. h~.!?f?Z££O';A. C:T~E5 ,' FEERUARY 199~