Discrimination Related to Immigration Status

The Minnesota Human Rights Act prohibits discrimination based on national origin, race, color, and religion in the areas of employment, housing, public accommodations, public services, education, credit, and business.

Although the Minnesota Human Rights Act does not prohibit discrimination based on “immigration status” or “citizenship status,” discrimination that targets people because they were born outside of the United States, speak a different language, appear to be immigrants, or are perceived as undocumented is typically covered under the Minnesota Human Rights Act’s national-origin and race protections.

In Minnesota, national origin or race discrimination, both of which are prohibited under the Minnesota Human Rights Act, could include discrimination based on someone's:

race

accent

English proficiency

use of another language

or perceived immigration status

To establish discrimination under the law, an individual must show they were treated differently and that their national origin, race, color, religion, or another identity covered under the law was a motivating factor in that treatment.

As neither “immigration status” nor “citizenship status” is protected under the Minnesota Human Rights Act, the Minnesota Department of Human Rights does not solicit or collect information with regard to a complainant’s immigration status.

Employment
Under the Minnesota Human Rights Act, it is unlawful to discriminate in hiring, firing, pay, or any terms or conditions of employment because of national origin, religion, or race.

Hiring

Employers in Minnesota must comply with the federal Immigration Reform and Control Act. Employers may verify work authorization, but they may not:
- selectively ask for documents from some applicants based on accent, appearance, or perceived nation of origin;
- refuse to accept valid documents;
- request specific documents such as a green card; or
- prefer U.S. citizens over work-authorized immigrants (except when federal law permits a narrow “equally qualified” preference).
Harassment

Harassment in the workplace based on national origin, race, religion, or immigration-related characteristics may violate the Minnesota Human Rights Act when it makes the workplace hostile or abusive. Harassment could include the use of slurs like “illegal,” or pejorative remarks like “go back to your country,” or “speak English.”

Threats to call immigration authorities can constitute harassment or retaliation when motivated by discriminatory intent.

Examples of discrimination in employment
- A manager refuses to accept a refugee employee’s valid employment authorization and insists on a U.S. birth certificate.
- A supervisor cites a Jewish employee wearing a yarmulke for a dress code violation because “employees are not allowed to wear accessories.”
- An employer tells a Ukrainian employee that he better not complain or he will be “deported and sent to the frontlines.”
- Hmong employees are given worse schedules because the employer assumes they “won’t complain.”
Housing
The Minnesota Human Rights Act prohibits discrimination in renting, selling, or leasing housing based on national origin, race, or religion.

Landlords in Minnesota may not:
- refuse to rent to someone because they were born in a country outside the U.S. or lack U.S. citizenship;
- require additional deposits from immigrant families;
- deny repairs to tenants based on their religion or national origin;
- harass or threaten to call immigration authorities.
Landlords may request identification for legitimate purposes (credit checks, background checks), but refusing reasonable alternatives—such as an Individual Taxpayer Identification Number (ITIN) instead of a Social Security Number (SSN)—may constitute national-origin discrimination.

Harassment in housing

Threats to call Immigration and Customs Enforcement (ICE), using derogatory names or slurs, or creating unsafe or uninhabitable conditions for immigrant tenants can constitute unlawful harassment under the Minnesota Human Rights Act.

Examples of discrimination in housing
- A landlord refuses to rent to someone from Guatemala unless they provide a U.S. passport.
- A property manager demands six months’ rent upfront from renters with a Serbian passport.
- A landlord denies repair requests from Karen tenants because “they’re undocumented so they won’t sue.”
- A housing provider tells an Afghan applicant the unit is “already taken” after hearing their accent.
Businesses Open to the Public
Businesses open to the public in Minnesota, also referred to as public accommodations —including stores, hospitals, restaurants, schools, hotels, and service providers—are prohibited from denying services based on national origin, race, color, or religion.

Inquiries about immigration status

Most businesses open to the public in Minnesota have no legitimate reason to ask about an individual’s immigration status. Unnecessary inquiries may constitute national-origin or race discrimination.

Harassment in businesses open to the public

Harassment prohibited under the Minnesota Human Rights Act may include:
- referring to someone as an “illegal alien,”
- the use of racial slurs,
- telling a customer to “go back to your country,”
- denying service because a customer speaks another language.
Examples of discrimination in businesses open to the public
- A restaurant refuses service to a family because they “don’t have U.S. IDs.”
- A store supervisor tells Somali customers not to speak Somali in the store because it “makes customers uncomfortable.”
- A store clerk curses at a Latina woman and threatens to “call ICE” when she asks for assistance in Spanish.
Government Places and Services
Under the Minnesota Human Rights Act, government services (also referred to as public services) cannot deny you access to their services, buildings, or otherwise discriminate against you because of your race, national origin, or other protected identities under the law.

Inquiries about immigration status

Government places and government services may have a legitimate reason to ask about an individual’s immigration status. However, unnecessary inquiries may constitute national-origin or race discrimination.

Examples of government places include:
- post offices
- public libraries
- public buses or trains
- parks and community centers
- courthouses and city halls
Examples of government services include:
- public healthcare programs
- housing programs
- state and local public safety services, including police and ambulance services
- food assistance programs
- driver vehicle services
Importantly, while state, county, and city police are under the jurisdiction of the Minnesota Human Rights Act, federal law enforcement including ICE, Homeland Security, and U.S. Customs and Border Protection, are shielded by sovereign immunity laws that prevent the federal government from being sued without its consent. As a result, the Minnesota Department of Human Rights is prohibited from conducting investigations into unlawful discrimination of federal law enforcement.