Minnesota Statutes

Minn. Stat. § 181.956 (2026)

Remedies

✓ current as of May 2026

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Subdivision 1.Exhaustion.

An employee or collective bargaining agent may bring an action under this section only after first exhausting all applicable grievance procedures and arbitration proceeding requirements under a collective bargaining agreement; provided that, an employee's right to bring an action under this section is not affected by a decision of a collective bargaining agent not to pursue a grievance.

Subd. 2.Damages.

In addition to any other remedies provided by law, an employer or laboratory that violates sections 181.950 to 181.954 is liable to an employee or job applicant injured by the violation in a civil action for any damages allowable at law. If a violation is found and damages awarded, the court may also award reasonable attorney fees for a cause of action based on a violation of sections 181.950 to 181.954 if the court finds that the employer knowingly or recklessly violated sections 181.950 to 181.954.

Subd. 3.Injunctive relief.

An employee or job applicant, a state, county, or city attorney, or a collective bargaining agent who fairly and adequately represents the interests of the protected class has standing to bring an action for injunctive relief requesting the district court to enjoin an employer or laboratory that commits or proposes to commit an act in violation of sections 181.950 to 181.954.

Subd. 4.Other equitable relief.

Upon finding a violation of sections 181.950 to 181.954, or as part of injunctive relief granted under subdivision 3, a court may, in its discretion, grant any other equitable relief it considers appropriate, including ordering the injured employee or job applicant reinstated with back pay.

Subd. 5.Retaliation prohibited.

An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for asserting rights and remedies provided in sections 181.950 to 181.954.

Notes of Decisions

Cited in 6 cases, 1991–2015 · leading case: Sipe v. STS Mfg., Inc., 834 N.W.2d 683 (Minn. 2013).

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Sipe v. STS Mfg., Inc., 834 N.W.2d 683 (Minn. 2013). · cites it 2× “Sipe seeks relief under Minn.Stat. § 181.956, including reinstatement and back pay.”

Piekarski v. Home Owners Sav. Bank, F.S.B., 755 F. Supp. 859 (D. Minnesota 1991). · cites it 4× “Defendants suggest that, in awarding attorneys’ fees, this court look to a separate provision of chapter 181, Minn.Stat. § 181.956, outlining the remedies available to employees injured by violations of the “Drug and Alcohol Testing in the Workplace” statute.”

Follmer v. Duluth, Missabe & Iron Range Ry. Co., 585 N.W.2d 87 (Minn. Ct. App. 1998). · cites it 2× “Minn.Stat. § 181.956, subd. 2 (1996). The court may, in its discretion, also grant any other equitable relief appropriate, including ordering reinstatement with back pay.”

Sipe v. STS Mfg., Inc., 822 N.W.2d 2 (Minn. Ct. App. 2012). · cites it 8× “Minn.Stat. § 181.956, subds. 2-4 (2010). I.”

Nicholas Bruce Morse v. Comm'r of Pub. Saf. (Minn. Ct. App. 2015). · cites it 2× “5 See Minn. Stat. § 181.956 (2014). But again, we can reject Morse’s arguments based on the facts regardless of any legal deficiencies.”

James Jones v. Green Bay Packaging, Inc. (Minn. Ct. App. 2015). · cites it 2× “See Minn. Stat. § 181.956 , subd. 2 (2014) (“[A]n employer .”

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