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January 2, 2025

State investigation found Sanford cut an employee’s hours due to pregnancy and fired her after she requested 12 weeks of parental leave; health system agrees to statewide training for employees

The Minnesota Department of Labor and Industry (DLI) recently entered into a consent order with Sanford to require that it comply with Minnesota laws that provide pregnant employees with reasonable workplace accommodations and pregnancy and parental leave. Additionally, the order requires Sanford to pay back-wages, compensatory damages and liquidated damages to an employee after DLI found Sanford cut her hours during pregnancy and fired her after she asserted her workplace rights.

DLI’s investigation concluded Sanford willfully violated provisions of the Women’s Economic Security Act (WESA) during DLI’s audit period of Feb. 27, 2023, to April 1, 2024. The investigation found Sanford forced a pregnant employee to accept a workplace accommodation, resulting in a reduction of her hours from 40 hours a week to 32, and fired her after she asserted her right to 12 weeks of parental leave.

“Pregnant employees and employees who are new parents in Minnesota should never be denied basic workplace protections that are designed to balance the needs of employees, their young children and employers,” said DLI Commissioner Nicole Blissenbach. “DLI strongly encourages Minnesota employers to review their policies, procedures and practices to ensure they are in compliance with WESA.”

On Nov. 18, 2024, Sanford and DLI reached an agreement in which Sanford agreed to comply with WESA at all its Minnesota facilities and pay the affected employee back-wages, compensatory damages and liquidated damages. The company was also required to pay $40,000 in civil penalties based on DLI finding willful violations of Minnesota Statutes 181.939 and 181.941, with an additional $160,000 in civil penalties stayed pending compliance with the consent order.

In addition to these remedies, Sanford also agreed to the following in the consent order:

  • requiring all its current Minnesota human resources staff members, managers, supervisors and other employees with decision-making authority to attend an annual WESA training conducted by DLI for two years;

  • implementing health system-wide letter templates covering WESA-related issues for Sanford employees to provide to pregnant and certain new parent patients about their rights under WESA; and

  • providing additional information to patients following obstetrics or lactation-related appointments about their rights to accommodations, leaves of absence and lactation breaks.

Annual WESA report released

In December 2024, DLI issued the Women’s Economic Security Act annual report.

The report found WESA inquiries and complaints to DLI have been increasing. The number of complaints DLI received related to WESA increased more than threefold in the past year, from 24 complaints in the prior reporting period to 77 complaints.

Contact the Labor Standards Division at dli.laborstandards@state.mn.us or 651-284-5075 to ask questions or file a complaint related to Minnesota wage and hour laws, including WESA. Find additional information about WESA at dli.mn.gov/newparents.