Age discrimination - Minnesota

Summary of differences between federal and state regulations

Employer defined

“Employer” means a person who has one or more employees.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Age Discrimination in Employment Act. For example, the state law includes an exemption for a bona fide occupational qualification.

The prohibition against unfair employment or education practices based on age prohibits using a person’s age as a basis for a decision if the person is over the age of majority, which the state defines at 18 years of age.

Charges must be filed within one year of the alleged unlawful act.

An agency of a city, county, or group of counties may be created as a local commission for the purpose of dealing with discrimination on the basis of race, color, creed, religion, national origin, sex, age, disability, marital status, status with regard to public assistance, sexual orientation, or familial status. If a county or group of counties creates a local commission, the commission does not have jurisdiction over any part of the county that is within the jurisdiction of a local commission created by city charter or municipal ordinance.

State

Contact

Department of Human Rights

Regulations

Minnesota Human Rights Act, Minn. Statutes Chapter 363A

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

29 CFR Part 1625, Age Discrimination in Employment Act

29 CFR 1626, Procedures — Age Discrimination in Employment Act

29 CFR 1627, Records to be Made or Kept Relating to Age: Notices to be Posted: Administrative Exemptions