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Employment Protections in Minnesota: What Employees Need to Know in a Changing Landscape

February 22, 2025/in Blog, Employment

The Trump Administration has been direct in its efforts to combat decades-old nondiscrimination standards. But while its actions have created a lot of (justifiable) coverage and outrage, it is important to understand the vast majority of legal protections in employment remain untouched. Along with nationwide legal actions challenging the recent orders and changes, there are […]

The Threat to DEI Programs and Worker Protections: What Employees Need to Know

February 3, 2025/in Blog, Employment, Uncategorized

Attacks on Diversity, Equity, and Inclusion (DEI) programs have escalated, with some companies and lawmakers scaling back efforts to promote fair hiring and advancement. Recent government actions, including pressure from state attorneys general, raise concerns about workplace discrimination. However, federal and Minnesota laws still prohibit bias in employment, and rolling back DEI may actually increase […]

Employment Protections in Minnesota: What Employees Need to Know in a Changing Landscape

February 22, 2025/in Blog, Employment

The Threat to DEI Programs and Worker Protections: What Employees Need to Know

February 3, 2025/in Blog, Employment, Uncategorized

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Employment Protections in Minnesota: What Employees Need to Know in a Changing Landscape

February 22, 2025/in Blog, Employment

Along with nationwide legal actions challenging the recent orders and changes, there are still laws—especially in Minnesota—that protect workers.

Antidiscrimination Protection

Federal contractors have long been required to provide equal employment opportunity. A recent executive order removed that requirement and provided that the Department of Labor’s contract office would no longer promote diversity or affirmative action.

But this does not remove equal employment protection for employees—it only removes that particular requirement for companies to contract with the federal government. The protections in Title VII of the Civil Rights Act and the Minnesota Human Rights Act (MHRA) are not changed, and all employers in Minnesota must follow them. It is still unlawful to discriminate based on race, religion, disability, national origin, sex, marital status, familial status, age, sexual orientation, and gender identity in Minnesota.

Equal Employment Opportunity Commission

Despite some shake-ups within the EEOC, including the dismissal of two of its three Democratic Commissioners, its essential work remains. The EEOC cannot currently issue new rules or policies, because it no longer has enough Commissioners to vote on them.

But you can still file an EEOC charge. Even if the EEOC does not pursue your case, you can still request a Notice of Right to Sue and pursue your claim in court. The same rights in Title VII and the MHRA still protect you, and are being enforced not only by the EEOC but also the Minnesota Department of Human Rights (MDHR) and the courts. You can also file a charge with the MDHR if you have experienced discrimination for virtually the same reasons as with the EEOC.

LGBTQ+ Protection

LGBTQ+ rights are involved in the actions above as well as two other executive orders. The first order specifies that the United States only recognizes two sexes, and explains how its policies will define and apply “male” and “female.” It requires federal agencies and employees to use the approved terminology in all communications and remove any references to gender or gender identity. For example, any government form to be filled out must list sex as male or female, and cannot ask about a person’s gender identity or include any other options, such as non-binary. The second order is about transgender people participating in sports, and applies sex-based distinctions that disregard gender identity.

But these orders have been challenged in court for violating the U.S. Constitution, among other things. And states still have protections that exceed federal protections. Minnesota, in particular, has protections for LGBTQ+ people that remain unchanged by these orders, notably the Minnesota Human Rights Act. Minnesota’s Attorney General, Keith Ellison, has recently expressed that the executive order does not override the MHRA.

Even with the federal policy changes in civil rights protection and enforcement, Minnesota (among other states) has strong laws that still protect your rights. The MHRA is among the most protective laws in the country, and it is unchanged.

Conclusion

If you have questions about employment law in the wake of the Trump administration’s efforts to change legal norms, contact us today to learn more.

The Threat to DEI Programs and Worker Protections: What Employees Need to Know

February 3, 2025/in Blog, Employment, Uncategorized

DEI Does Not Mean Hiring Unqualified Candidates

DEI programs do not require companies to hire unqualified applicants. Instead, they help ensure fair access to opportunities by addressing barriers that have historically excluded certain groups. These policies expand applicant pools, reduce bias in hiring, and foster inclusive workplaces—all while keeping merit and qualifications at the core of employment decisions. Misconceptions that DEI lowers standards misrepresent its purpose, which is to create a fair and competitive job market.

Workplace Discrimination Remains Illegal

Despite efforts to dismantle DEI, federal and Minnesota laws still prohibit workplace discrimination. Title VII of the Civil Rights Act bars discrimination based on race, sex, religion, and national origin. The Americans with Disabilities Act (ADA) and Age Discrimination in Employment Act (ADEA) provide further protections. Minnesota’s Human Rights Act (MHRA) goes even further, banning discrimination based on sexual orientation, gender identity, marital status, and more.

Ending DEI Could Be Evidence of Discrimination

Companies that eliminate DEI efforts may be increasing their legal exposure. The National Employment Lawyers Association (NELA) recently explained why litigation risk increases as private employers abandon DEI efforts. Courts could view these rollbacks as:

A Recognition of Past Bias: If a company once acknowledged inequities and acted to fix them, removing DEI programs could signal a return to exclusionary practices.
A Sign of Hostility Toward Inclusion: Firing DEI officers or dissolving employee resource groups may suggest discriminatory intent.
A Basis for Disparate Impact Claims: If workplace diversity declines after DEI cuts, employees may have grounds for legal action.

Minnesota Employees Have Strong Protections

The MHRA ensures that eliminating DEI cannot justify discrimination in hiring, pay, or promotions. Employees facing workplace bias can file complaints with their employer, the Equal Employment Opportunity Commission (EEOC), or the Minnesota Department of Human Rights.

Conclusion

DEI programs aim to create fair workplaces by ensuring qualified individuals aren’t excluded due to bias. As some employers back away from these commitments, workers should stay informed of their rights. Companies that retreat from DEI without safeguarding against discrimination may face legal challenges—and employees should know the law remains on their side. Contact us today if you have questions about DEI efforts, discrimination, or other human rights issues at your workplace.

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