Minnesota Civil Rights laws & HR compliance analysis

Minnesota Civil Rights: What you need to know

The Minnesota Human Rights Act prohibits employment practices that discriminate on the basis of race, color, creed, religion, national origin, sex, marital status, receipt of public assistance, familial status, membership or activity in a local commission, disability, age, or sexual orientation (includes gender identity) (MN Stat. Sec. 363A.03 et seq.).
"Familial status" is defined as the condition of one or more minors being domiciled with (1) their parent or parents or the minor’s legal guardian or (2) the designee of the parent or parents or guardian with the written permission of the parent or parents or guardian.
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Under the Act, it is unlawful, on the basis of any of the protected characteristics, to:
• Refuse to hire or to maintain a system of employment that unreasonably excludes a person seeking employment, unless based on a bona fide occupational qualification (BFOQ).
• Discharge or discriminate against a person with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment.
• Require or request a person to furnish information that pertains to any of the protected characteristics.
• Seek and obtain information from any source regarding any of the protected characteristics for purposes of making a job decision, unless for the purpose of compliance with any rule, regulation, or law of the United States or of the state that requires the information.
• Print or publish a notice or advertisement that relates to employment and discloses a preference, limitation, specification, or discrimination based on one of the protected characteristics, unless based on a BFOQ.
• Aid, abet, incite, compel, or coerce a person to commit acts prohibited by the Act.
• Obstruct or prevent a person from complying with the Act or with an order of the Minnesota Human Rights Commissioner.

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