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i=. Anti-Discrimination Laws. <br /> <br /> The Minnesota Department of Human Rights considers volunteer <br />firefiqhters to be employees who benefit from the protections of <br />the Human Rights Law. Minnesota Department of Human Rights Case <br />Number E21208-MGSS-4. In addition, courts in other states have <br />characterized volunteer firefighters as employees for their <br /> <br />anti-discrimination laws. HarmoDy Volunteer F~re Company_.~ <br /> <br />Relief ASsociation v. Commonwealth of Penn%ylvania, 73 Pa. <br />Commw. 596, 459 A.2d 439 (1983); Hebard. v. BaskiD. q Ridge Fire <br />Comp~D¥.No. 1, 164 N.J.Super.77, 395 A.2d 870' (1978). <br /> <br />II. How Should Personnel Decisions Be.Made? <br /> <br /> If firefighters are considered employees and there is a <br />"just cause" standard for discipline, they are entitled to <br />certain d~e process rights before termination. Cleveland Board <br />of Education v. Loudermil!, 1055 Sup. Ct. 1487 (1985). In <br />addition, the Minnesota Human Rights Act and federal civil <br />rights laws prohibit employment decisions based on such <br /> <br /> impermissible factors as skin color, sex, and age. <br /> <br />Many volunteer fire departments have by-laws which provide <br /> <br />for selection and termination of firefiqhters by membership. <br /> <br />vote, often through secret ballot. The explosion of employment <br /> <br />law and case decisions make this situation very risky. Under <br />existing discrimination case law, a secret ballot creates a <br />"no-win" situation for the City. The plaintiff merely needs to <br /> <br />show that he/she is in a protected class and was denied <br />employment. The burden then shifts to the employer to show that <br /> <br />45 <br /> <br /> <br />