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The purpose of the Minnesota Kurban Rights Act (MKRA) is to <br />place individuals discrirdnated ag _nst in the sar.e position they <br />would have been in had no discmination occurred.* <br />In Frev v. RCCHS. 51T N.W.2d 591 (Minn.App. 1994), the court <br />held that an exployer can rely on evidence that shewed t.hat an <br />errployee was not qualified for er.ploytr.ent and would not have been <br />hired if the employer knew of the disqualifica- 3n. The court, <br />considered a line of cases (cited at 597 and 596) to the effect <br />that the very act of dishonesty in completing an employment <br />application may bar a claim of discrimination in hiring. <br />In Evans v. Citv* o£ Evanston. 881 F.2d 382 (7th Cir. 1989) a <br />Title VII class action, the court found that the scoring of a <br />physical agility test had a disparate impact on women. The trial <br />court ordered the city to submit a new test or scoring method but <br />refused to order the city to hire any of the plaintiffs or to <br />advance them to the next test. Since only 1.2 percent of the <br />applicants who pas.^ed the physical agility test were actually <br />hired, the class me.mbers Ic-Jt not a job but a long-shot chance at <br />a ]cb. Rat.her than rewarding the class members with a job that may <br />not have been offered to them in the first place, the court held <br />that the class members may .have the opportunity to take a valid <br />test and will be restored to the place they would have occupied if <br />they pass the test. As to the back pay issue, the trial court <br />determ.ined the award to be 4.68 percent of the salary of those who <br />^Sretherheod cf Fv. S.T, Clerks Freiirh- Handlers. £xr. station Elr.p.. Lode <br />364 V. State ov Ea ^: rur. SI? N'.a.Ic: 3 Mir.n.S.It. 1?T5).