Retaliation

It is illegal to discriminate against a person who has filed a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Minnesota Human Rights Act or who has opposed a practice forbidden under the Minnesota Human Rights Act.

Examples

An employee is fired for acting as a witness in a discrimination investigation at his/her place of employment.

A worker is demoted because they complain about their coworkers' derogatory comments toward women and people of color.

An employer forbids any of its employees from answering questions about a discrimination case against the company. If an employee participates in the investigation, they will be demoted.

An employee files a charge with the Department of Human Rights and is terminated, demoted, or otherwise treated adversely as a result.

Frequently Asked Questions

Who can be the respondent in a claim of reprisal?

Any individuals who have been alleged to be a perpetrator in an unfair discriminatory practice such as employers, labor organizations, employment agencies, public accommodations, public services, educational institutions, owner, lessor, lessee, sub-lessee, assignee or managing agent of any real property, or any real estate broker, real estate salesperson, or employee or agent thereof.

If I file a charge with the Department of Human Rights or otherwise complain about discrimination at work and I get fired as a result, what can I do about it?

If you are fired or face other retaliation, intimidation or harassment as a result of filing a charge of discrimination, you may choose to file an additional charge based on reprisal. If the department finds there is probable cause to support your charge of reprisal, the department may seek remedies, including financial compensation, on your behalf, even if probable cause was not found with respect to your original charge.

Can my employer legally fire me or otherwise discipline me for filing a claim that it believes is frivolous, or that turns out to be unsubstantiated?

If you have a good faith, reasonable belief that the practice you oppose is discriminatory, and your employer subjects you to retaliation, your employer may be in violation of the Human Right Act's prohibitions against reprisal- even if your original claim of discrimination is not substantiated and your employer regards it as lacking merit

If I file a charge of sexual harassment against a co-worker, and my employer changes my schedule and/or work assignments to keep us apart and end the harassment, is that legal?

Your employer may not subject you to adverse treatment because you filed a charge of sexual harassment. In some cases, a change of work assignments or schedule could be considered adverse treatment, even if the employer's motive was to end the harassment and your pay rate did not change.