Minnesota Discrimination laws & HR compliance analysis

Minnesota Discrimination: What you need to know

The Minnesota Human Rights Act prohibits employment practices that discriminate based on 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. "Familial status" is defined as the condition of one or more minors being domiciled with (1) their parent or parents or the minors’ legal guardian or (2) the designee of the parent or parents or guardian with the written permission of the parent or parents or guardian.
Marital status. Discrimination based on marital status means discriminating against an individual because he or she is single, married, remarried, divorced, separated, or a surviving spouse or because of the identity, situation, actions, or beliefs of a spouse or former spouse (MN Stat. Sec. 363A.03(24)).
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Under the Act, it is unlawful, based on 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 ...

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