Minneapolis Employment Attorney Blog

Many Minnesota Vikings fans were disappointed and perplexed several days ago when the team drafted another punter, the position played by Chris Kluwe, one of the team's high-profile players. Kluwe has long drawn attention -- ranging from praise to criticism -- for his vocal support of gay rights and his occasional brushes with opponents of those rights.

Kluwe was placed on a no-recall waiver Monday and asked the team to release him from his employment so he could look for work elsewhere. Many critics of the decision have accused the team of letting him go because of his off-duty advocacy but the team's general manager has vehemently denied that's the case. We may never know for sure but this example does raise some interesting employment law questions. Can employers prevent their employees from engaging in certain activities while they're off the clock? Does that change for employees like Kluwe who are frequently in the public eye?

One of the last frontiers as far as employment law is concerned is the prevention of discrimination against people who are lesbian, gay, bisexual or transgender -- known collectively as LGBT. Minnesota has had a law on its books that prohibits employment discrimination on the basis of sexual orientation or gender identity, but it is far from common around the country.

In fact, there is no federal law in place regarding this situation, and only some states have this sort of protection. A bill was introduced in Congress recently to change that. The bill is known as ENDA, or the Employment Non-Discrimination Act.

In a post earlier this year we discussed the problem of discrimination against employees who are victims of domestic violence. If an employer takes adverse action against you - by terminating your employment, cutting your hours or denying you a promotion, for example - because you have been a victim of domestic violence, you may have a claim for gender or disability discrimination, depending on your circumstances.

If you're an employee who is involved in an abusive relationship or trying to leave one, the prospect of handling the situation at work can add even more stress to an already difficult time. Fortunately, you don't have to go through it alone. Working with an advocate at a shelter and your human resources representative can help you plan a course of action and make sure you are protected.

Last week we introduced the growing issue of employee misclassification and how classifying workers incorrectly can be costly to employers. There is a twofold nationwide effort to eliminate and prevent misclassification

First, federal agencies are stepping up their efforts to enforce labor laws dealing with the issue. The Internal Revenue Service and Department of Labor both have a stake in the proper enforcement of these laws.