Prohibited Practices in Employment
Under the Minnesota Human Rights Act, employment is a protected area, and it is illegal to treat you differently in employment because of your: race, color, creed, religion, national origin, sex, marital status, disability, public assistance, age, sexual orientation, familial status, or local human rights commission activity.
With limited exceptions, the following actions constitute a violation the Human Rights Act in employment when, because of your protected class status:
Labor organizations, Employers, and Employment agencies:
- Refuse to interview or hire someone
- Deny opportunities for training or promotion
- Create or allow a hostile working environment to exist
- Refuse to reasonably accommodate an individual with a disability
- Terminate an individual
Exemption: The requirement of request is (a) for national origin information for the purpose of national security; (b) for birth, gender or race information in conducting peace officer background checks; (c) or is in compliance with the Public Contracts Act, or any rule, regulation or laws of the state or the United States.
Seek or obtain any information about a job applicant's protected characteristics for the purpose of making an employment decision.
Exemption: The request is in compliance with the Public Contracts Act, or any rule, regulation or laws of the state or the United States.
"BFOQ" exemption does not apply. ("BFOQ" = An employment practice is not considered unfair if it is based on a bona fide occupational qualification).
Employers with 15 or more employees working 20 or more weeks per year must make reasonable accommodations to the known disability of a qualified disabled person unless it can be demonstrated that the accommodation would impose an undue hardship to the covered entity.
Significant Exemptions in Employment
- An employment practice is not considered unfair if it is based on a bona fide occupational qualification (“BFOQ”).
- Respondents that may be exempt under one or more circumstances
include the following:
- Employers that are a person’s parent, grandparent, spouse, child, or grandchild.
- Employers of domestic servants.
- Religious or fraternal organizations with respect to sexual orientation.
- Private service organizations with respect to sexual orientation.
- Administrators of benefits or seniority systems with respect to age.
- Administrators of physical exams and preemployment tests that meet certain criteria, with respect to disability.
- Criminal Background Checks
- Guidance for Employers & Employees on Minnesota's Same-Sex Marriage Law
- Hiring and Interviewing
- Minn. Stat. 363A.08
- Reasonable Accommodations
Fact Sheet (PDF)
What to Do
Contact us immediately... do not wait! You have one year from the time the discrimination happened to file a charge with our agency.