Grow Minnesota! events help businesses prepare for the economic recovery. Sharing their perspectives on how the recession has changed the job market were (from left) Simon Foster of SpencerStuart, Minneapolis; Sue Metcalf of Ecolab, St. Paul; and Jan Erickson of Medtronic, Inc., Fridley. Dee Schutte, executive director of the Litchfield Chamber of Commerce, visits with House Minority Leader Kurt Zellers at the Session Priorities event. Governor Tim Pawlenty congratulates John M. Rivisto, president and CEO of Wells Concrete Company, on its new facility in Sartell. The plant has created 50 jobs in central Minnesota and will add another 100 jobs over the next five years. Minnesota legislative leaders share their priorities at the Minnesota Chamber’s annual Session Priorities event: (from left) House Minority Leader Kurt Zellers, House Speaker Margaret Anderson Kelliher, moderator Tom Hauser of KSTP-TV Eyewitness News; Senate Minority Leader David Senjem; Senate Majority Leader Larry Pogemiller. Governor Tim Pawlenty addresses nearly 1,600 business leaders and policy-makers at the Minnesota Chamber’s annual Session Priorities event, the largest legislative gathering of its kind. Michele Engdahl with Thomson Reuters, Eagan, receives an up-close look at a hog-producing facility – Baarsch Farms-Next Generation Pork, Inc. near Austin – as part of Leadership Minnesota. The Minnesota Chamber program is an exclusive look at the state’s changing economy and the issues that will shape its future.

Minnesota Chamber's Advocacy in the Courts

Decisions made by the courts can have as much consequence to businesses as does new legislation. The Minnesota Chamber of Commerce has a longstanding presence in filing legal briefs on behalf of its members, and often with successful results.

Requests to file amicus briefs are forwarded for consideration to the Litigation Committee, which is staffed by Tom Hesse, vice president of government affairs. The Chamber will prepare a brief only if a case raises an issue of consequence to the general business community.

Following are recent court cases in which the Minnesota Chamber has intervened:

Pamela Krueger, Diamond Dust Contracting, LLC vs. Zeman Construction Company
(May 2009)

Issue: Pamela Krueger, owner of Diamond Dust Contracting, tried to personally sue Zeman Construction, alleging that Zeman’s managers sexually harassed and discriminated against her as a subcontractor on a work project. The Court of Appeals, on a 2-1 vote, ruled that she lacked standing under the Minnesota Human Rights Act to sue as an individual for discrimination in the performance of the contract.

Significance: The Minnesota Chamber supported the decision of the Hennepin County District Court and Court of Appeals, both of which denied Krueger’s claim. The higher court ruled that Krueger’s discrimination suit as an individual could not move forward. She still is able to sue as Diamond Dust Contracting. The ruling prevented multiple recoveries for the same incident. The Legislature understood this and intended to limit discrimination liability accordingly, the Chamber said.

Result: A ruling is pending from the Minnesota Supreme Court

Clifford L. Whitaker, et al. vs. 3M Company
(April 2009)

Issue: Five current and former 3M employees alleged in 2004 that the company engaged in age discrimination in violation of the Minnesota Human Rights Act. The Ramsey County District Court certified the suit as a class action.

Significance: 3M argued that it maintained neutral policies that had a disparate effect on older employees.  The Minnesota Chamber also argued that the class-certification order was entered without making real findings of fact to support the court’s decision. If the ruling stood, Minnesota could be viewed as a haven for initiating class-action suits.

Result: The Minnesota Court of Appeals reversed the order, ruling that employees seeking to initiate class-action lawsuits against Minnesota businesses must provide clear evidence that all certification requirements have been met. The case was sent back to the lower court to resolve the factual disputes relevant to the class-action certification requirements.

For a complete summary of the Minnesota Chamber’s intervention in court proceedings, contact Tom Hesse at (651) 292-4678 or thesse@mnchamber.com.

Privacy & Security|Contact Us|Send Feedback
© Copyright 2009 Minnesota Chamber of Commerce. All Rights Reserved.

This web site is developed and owned by the Minnesota Chamber of Commerce. Any use or reprinting is strictly prohibited without prior consent of the Minnesota Chamber of Commerce.