I Received a Minnesota Department of Human Rights Charge…Now What?

Receiving a charge from the Minnesota Department of Human Rights can feel like a complex and time-consuming process for employers. However, understanding the Minnesota Department of Human Rights procedure for investigating reports of discrimination can ensure you are equipped to manage a Minnesota Department of Human Rights charge if one comes your way.

WHAT IS THE MINNESOTA DEPARTMENT OF HUMAN RIGHTS AND THE MINNESOTA HUMAN RIGHTS ACT?

The Minnesota Department of Human Rights (MDHR) is Minnesota’s state agency responsible for enforcing the Minnesota Human Rights Act. The agency investigates complaints of discrimination in areas such as employment, housing, public accommodation, education, and other areas covered by the Minnesota Human Rights Act.

Minn. Stat. §363A, also known as The Minnesota Human Rights Act, is Minnesota’s primary civil rights law that prohibits discrimination in many aspects of public life. The act protects individuals from discrimination based on race, color, creed, religion, national origin, sex, marital status, disability, age, and other protected characteristics. The law applies to housing, public accommodation, education, public services, and employment.

WHAT EMPLOYERS SHOULD EXPECT AFTER RECEIVING A MDHR CHARGE.

Workplace discrimination complaints are among the many areas the MDHR investigates. When an employee believes they have been discriminated against by an employer or in the workplace they can file a report with the MDHR. The employee has one year to file a report of the alleged act of discrimination. After an employee files a report, the MDHR will review and determine whether the complaint is covered under the Minnesota Human Rights Act. If the agency determines the complaint is covered, then a charge is filed and sent to the employer.

If you, as an employer, receive an MDHR charge of discrimination that simply means the MDHR determined the employee’s complaint is covered under the Minnesota Human Rights Act. It is not a determination on the merits of the claim. However, if you receive a charge, you should not hesitate to act. You will need to submit an answer in response to the employee’s allegations. From the date you receive the charge of discrimination you have 30 days to submit a response.

Your answer to the MDHR charge is your opportunity to tell your side of the story. A strong response should refute or clarify any allegations by using facts and documentation. Include your legitimate, non-discriminatory reasons for termination or taking an adverse employment action. Additionally, you may want to provide supporting documentation such as policies, training records, or other witness statements that demonstrate your commitment to compliance with the Minnesota Human Rights Act and workplace laws.

After you submit your response, an investigator from the MDHR will be assigned to the case. The investigator may seek additional documents or interviews with employees. Ensure you are responsive and cooperative with these requests and be aware of the deadlines associated with these requests. The MDHR will investigate to determine whether there is probable cause that the alleged act of discrimination occurred. If the MDHR finds probable cause, the agency will then work with you and the employee to attempt to reach a settlement agreement. If a settlement is unsuccessful, the MDHR will either refer the case to the Minnesota Attorney General’s Office or allow the employee to pursue private legal action. If the agency does not find probable cause, then the case is closed.

If you receive an MDHR charge, review the details of the charge; gather any relevant documents including personnel files, company policies and procedures, performance evaluations, attendance records, and disciplinary actions or warnings; and conduct interviews with any individuals who were involved or witnessed the alleged incidents. This will allow you to prepare a strong answer in response to the charge. While you do not need an attorney to represent you, an attorney can help craft a well structured answer, manage documents and investigations, and help protect you against any further legal risks.