State settles with Andersen Windows over 'refusal' to hire applicant with disability

Andersen Corp. is settling a discrimination claim alleging the company withdrew a job offer after learning of an applicant's disability, according to the Minnesota Department of Human Rights.

The window and door manufacturer based in Bayport, Minn., will pay the man $41,000 and adhere to several stipulations meant to "build a more inclusive workplace for people with disabilities," the department said in a news release Wednesday.

In 2019, Andersen determined an applicant could not safely operate a forklift and withdrew a job offer, according to the release. The man's doctor said he could operate a forklift, however, and doing so was not an essential part of the job.

The man, whose identity was not released, asked the company to reconsider, but "the company again refused to hire him," the department said.

He filed a complaint with the Department of Human Rights (MDHR), and in April this year, MDHR said it found probable cause the company violated the state's Human Rights Act.

"MDHR found that the employer's alleged justification for rescinding the job offer was false," according to the release. "MDHR's investigation concluded that Andersen Corp. refused to hire the applicant because of his disability."

The company denied it violated the law or was liable to the applicant, according to the settlement.

"This single instance from 2019 is not reflective of our policies, practices or procedures then or now," the company said in a statement Wednesday. "We pride ourselves on being a place where every employee is welcomed, valued and inspired to achieve their full potential and we work hard to deliver on this commitment every day."

As part of the settlement, Andersen will audit its job descriptions; create a policy for rescinded job offer appeals; and provide anti-discrimination training for all employees. Andersen has more than 13,000 employees across North America.

The department will monitor the company for three years to ensure compliance.

"The state's civil rights law requires employers to have inclusive hiring practices, which help employers recruit applicants and foster a stronger workforce," MDHR Commissioner Rebecca Lucero said in a statement.

Americans with disabilities had an unemployment rate of 7.3% in September, more than twice the national average. That's despite the labor force participation rate among those with disabilities rising faster than the overall population's in recent years and a job market with more jobs than applicants.