Kara Sears
Minnesota's anti-discrimination laws have been created and amended over time to protect its residents from unfair treatment based on characteristics such as race, colour, creed, religion, national origin, sex, gender identity, sexual orientation, disability, and other protected categories. The Minnesota Human Rights Act (MHRA), also known as the state's anti-discrimination statute, was enacted in 1967 and has since been amended several times to expand the definitions of protected classes and enhance enforcement capabilities. The MHRA prohibits discrimination in various domains, including employment, housing, education, and public services, with residents having the right to file complaints and seek redress if they believe they have been discriminated against.
| Characteristics | Values |
|---|---|
| Year of enactment | 1967 |
| Protected characteristics | Race, colour, creed, religion, national origin, sex, gender identity, age, disability, sexual orientation, familial status, marital status, status with regard to public assistance |
| Enforcement | Equal Employment Opportunity Commission (EEOC), Minnesota Department of Human Rights (MDHR) |
| Complaint process | File a complaint with EEOC or MDHR, within 300 days for EEOC and 365 days for MDHR |
| Resolution process | Mediation or alternative dispute resolution, damages and penalties, equitable remedies such as hiring or reinstatement, back pay, attorney's fees |
| Recent amendments | Expansion of protected classes, increased remedies and enforcement capabilities of MDHR, definition of "familial status" expanded to include caring for adults in certain circumstances, prohibition on discriminating against service animals |
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What You'll Learn
Minnesota Human Rights Act (MHRA)
Minnesota has a long history of strong anti-discrimination laws. The Minnesota Human Rights Act (MHRA), also known as Minnesota's anti-discrimination statute, is the state's comprehensive civil rights law.
The MHRA prohibits discrimination in employment on the basis of race, colour, creed, religion, national origin, sex, gender identity, marital status, disability, status with regard to public assistance, sexual orientation, familial status, and age. The Act covers areas such as unions, employment, education, public services, and public accommodations.
The MHRA is enforced by the Minnesota Department of Human Rights (MDHR), which works together with the Equal Employment Opportunity Commission (EEOC). If an individual believes they have been discriminated against, they can file a complaint with either the EEOC or the MDHR. The complaint must be filed within 300 days (for EEOC) or 365 days (for MDHR) of the date of discrimination. If the complaint is investigated and a "right to sue" letter is issued, the individual may then file a private lawsuit.
The MHRA has undergone several amendments since its enactment. In 1993, sexual orientation was added to the protected categories. In 2008, an amendment separated gender identity from sexual orientation. More recently, in 2024, the definitions of "disability" and "familial status" were expanded, and the remedies and enforcement capabilities of the MDHR were enhanced. The damages and penalties available under the MHRA have also been significantly increased with the new amendments.
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Protected characteristics
Minnesota's protected characteristics are outlined in the Minnesota Human Rights Act (MHRA), which was first enacted in 1967. The Act has been amended several times since its creation to include additional protected characteristics.
The MHRA prohibits discrimination based on:
- Race
- Color
- Creed
- Religion
- National origin
- Sex (including pregnancy, childbirth, and related medical conditions)
- Marital status
- Status with regard to public assistance
- Disability
- Age
- Sexual orientation
- Gender identity
- Gender expression
- Familial status
- Veteran status
- Membership or activity in a local human rights commission
- Genetic information (for employees)
The MHRA also covers discrimination in housing, employment, public services, and education. It is enforced by the Minnesota Department of Human Rights (MDHR), which works together with the Equal Employment Opportunity Commission (EEOC) to investigate claims of discrimination.
In addition to the MHRA, Minnesota has also enacted a "bias crime" law that makes assault based on sexual orientation a misdemeanor.
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Education
Minnesota enacted its first major human rights law in 1967. This statute made it illegal to discriminate against people based on race, colour, creed, and national origin in unions, employment, education, public services, and public accommodations. The 1967 law, now called the Minnesota Human Rights Act (MHRA), was amended in 1993 to include sexual orientation.
The MHRA prohibits discrimination on the basis of race, colour, creed, religion, national origin, sex, age, marital status, status with regard to public assistance, sexual orientation, or disability. This applies to both employment and education. Minnesota State Colleges and Universities have a commitment to fostering a free and diverse society and providing equal opportunities for all students and employees.
The Minnesota Department of Human Rights is responsible for enforcing Minnesota's human rights law. Complaints of discrimination can be filed with the MDHR, and the agency must complete its investigation within 31 months. If a student is experiencing harassment on the basis of a protected class status, they can contact the Minnesota Department of Education and file a complaint with the Minnesota Department of Human Rights.
The U.S. Department of Education, Office for Civil Rights (OCR), is the federal agency charged with enforcing civil rights laws in education. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, colour, and national origin by recipients of federal financial assistance. Title IX of the Education Act of 1972 prohibits discrimination on the basis of sex in any educational program or activity receiving federal financial assistance.
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Employment
Minnesota's discrimination laws are created to protect employees from unfair treatment based on various factors such as race, colour, religion, sex, national origin, age, disability, and other protected characteristics. The Minnesota Human Rights Act (MHRA) is the state's primary legislation prohibiting discrimination in employment, business, credit, education, housing, public accommodations, and public services. The MHRA covers all employers in Minnesota, regardless of their number of employees, and offers broader protections than federal laws like Title VII of the Civil Rights Act of 1964.
Under the MHRA, disability is defined as a condition that "materially" limits a person's major life activity, which is a lower threshold than the federal Americans with Disabilities Act Amendments Act's "substantially" limits requirement. This broader definition allows for more conditions to be covered under the state's Act. Both federal and state laws mandate that employers with 15 or more employees working 20 or more weeks per year must provide reasonable accommodations to qualified individuals with disabilities, unless it imposes an undue hardship.
The MHRA also prohibits discrimination based on creed, marital status, public assistance status, sexual orientation, and human rights commission activity, which are not explicitly covered by Title VII. Additionally, the MHRA protects individuals from retaliation for reporting violations of law or refusing to perform illegal actions under the Minnesota Whistleblower Act.
To enforce these laws, Minnesota has the Minnesota Department of Human Rights (MDHR), which investigates complaints of discrimination and conducts investigations to determine if discrimination occurred. Employees can file discrimination charges with either the MDHR or the federal Equal Employment Opportunity Commission (EEOC), depending on the size of their employer. The EEOC enforces federal laws prohibiting employment discrimination, while the MDHR enforces the MHRA. Both agencies work together when a claim is filed.
If an individual believes they have been discriminated against at work, they can file a Charge of Discrimination, requesting remedial action from the EEOC. They may also bring their own discrimination case to court. It is recommended to consult with an attorney to understand one's rights and the specific laws that apply to their situation.
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Enforcement
Minnesota's anti-discrimination laws are enforced by the Minnesota Department of Human Rights (MDHR), created by the Minnesota Human Rights Act (MHRA). The MHRA prohibits discrimination in employment on the basis of race, colour, creed, religion, national origin, sex, gender identity, marital status, disability, status with regard to public assistance, sexual orientation, familial status, and age.
If an individual believes they have been discriminated against, they can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the MDHR. The EEOC is a federal agency that enforces civil rights laws, such as Title VII of the Civil Rights Act of 1964, which prohibits discrimination by private employers with 15 or more employees, state and local governments, and other political subdivisions. The MDHR is the state agency responsible for enforcing Minnesota's anti-discrimination statute and offers similar protections to the EEOC.
To file a complaint with the EEOC, individuals must do so within 300 days (or 10 months) of the date of discrimination. For the MDHR, individuals have 365 days (or 12 months) to file a complaint from the date of discrimination. The MDHR also offers an opportunity for both charging parties and respondent employers to resolve a charge of discrimination through mediation or other alternative dispute resolution processes. After the MDHR has investigated a complaint, individuals may then file a private lawsuit if they wish to pursue further action.
In addition to the EEOC and MDHR, individuals can also file a complaint with their school district or the U.S. Department of Education, Office for Civil Rights (OCR), which enforces civil rights laws in educational programs or activities receiving federal financial assistance.
The remedies for individuals who have experienced discrimination include being hired, reinstated, or upgraded with back pay, admission to membership in a labour organization, or participation in an apprenticeship or training program. Additionally, individuals may be entitled to have their attorney's fees paid by the employer.
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Frequently asked questions
The MHRA, otherwise known as Minnesota’s anti-discrimination statute, prohibits discrimination in employment on the basis of race, colour, creed, religion, national origin, sex, gender identity, marital status, disability, status with regard to public assistance, sexual orientation, familial status, and age.
Protected characteristics include race, colour, creed, religion, national origin, sex, age, marital status, status with regard to public assistance, sexual orientation, and disability.
The MDHR is the state agency responsible for enforcing the MHRA. It works with the Equal Employment Opportunity Commission (EEOC) to enforce anti-discrimination laws.
If you have been discriminated against, you can file a complaint with the EEOC or MDHR. You must file a complaint within 300 days (for the EEOC) or 365 days (for the MDHR) of the date the discrimination occurred.
If your complaint is upheld, you may be entitled to getting hired, back pay, reasonable accommodations, or having the employer pay your attorney's fees.
