Minnesota Affirmative Action laws & HR compliance analysis

Minnesota Affirmative Action: What you need to know

Affirmative action laws require the employer to make proactive efforts to represent individuals from certain protected classes in the workplace at levels comparable to those for unprotected groups. Affirmative action requirements are separate and distinct from nondiscrimination laws, which prohibit discriminatory acts against protected persons but do not mandate proactive steps in their favor.
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Although the Minnesota Human Rights Act prohibits employment practices that discriminate on the basis of race, color, creed, religion, national origin, sex, sexual orientation, marital status, disability, age, membership activity in a local commission, or status with respect to public assistance, it has no provision that requires private employers to take affirmative steps to hire or promote members of these groups. The Act covers employers with 1 or more employees (MN Stat. Sec. 363A.08et seq.).
A contractor for goods and services that bids for or makes a proposal on a contract for goods or services in excess of $100,000 with the state and has 40 or more full-time employees on a single working day within the previous 12 months, either within the state or outside of the state where the contractor has its principal place of business, must have a written affirmative action plan (MN Stat. Sec. 363A.36). The plan must cover women, minorities, and the disabled and must be approved by the Commissioner of Human Rights. The Commissioner will issue a certificate of compliance after approving the affirmative action plan. Certificates are valid for 2 years but may be ...

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