Federal & State Regulations | Discrimination - Other - Minnesota

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Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The Minnesota unlawful discrimination law identifies the following protected classes for purposes of employment discrimination:

Race (inclusive of traits associated with race, including but not limited to hair texture and hair styles such as braids, locs, and twists),
Color,
Creed,
Religion,
National origin (place of birth of an individual or of any of the individual’s lineal ancestors),
Sex (includes, but is not limited to, sexual harassment, pregnancy, childbirth, and disabilities related to pregnancy or childbirth),
Gender identity (a person’s inherent sense of being a man, woman, both, or neither; may not correspond to their assigned sex at birth or to their primary or secondary sex characteristics),
Marital status (whether a person is single, married, remarried, divorced, separated, or a surviving spouse and, in employment cases, includes protection against discrimination based on the identity, situation, actions, or beliefs of a spouse or former spouse),
Status regarding public assistance,
Familial status,
Membership or activity in a local commission,
Disability (a physical, sensory, or mental impairment which materially limits one or more major life activities),
Sexual orientation (to whom someone is, or is perceived of as being, emotionally, physically, or sexually attracted to based on sex or gender identity),
Age (over the age of majority)

Minnesota also prohibits employment discrimination with regards to:

Protected genetic information,
Blindness and deafness in public areas, and
The use of certain lawful products during non-work hours.

Employer defined

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

CROWN Act

On January 21, 2023, Minnesota enacted the CROWN Act confirming that Minnesota’s human rights law, which prohibits discrimination based on race in housing, education, employment, and other areas, protects against discrimination based on race-based natural hair texture and styles such as braids, locs, and twists.

Under the Act, "Race" is defined as inclusive of traits associated with race, including but not limited to hair texture and hair styles such as braids, locs, and twists.

Unlawful employment practices

The state protections against marital status, status with regard to public assistance, and sexual orientation are essentially the same as the protections against other categories such as age, race, and religion. They include protections in employment, membership, and other conditions and benefits of employment. Certain exceptions are given regarding sexual orientation, however.

The unlawful employment practices do not apply to a religious or fraternal corporation, association, or society, with respect to qualifications based on sexual orientation when sexual orientation is a bona fide occupational qualification for employment.

The unlawful employment practices do not apply to a nonpublic service organization whose primary function is providing occasional services to minors, such as youth sports organizations, scouting organizations, boys’ or girls’ clubs, programs providing friends, counselors, or role models for minors, youth theater, dance, music or artistic organizations, agricultural organizations for minors, including 4-H clubs, and other youth organizations, with respect to qualifications of employees or volunteers based on sexual orientation.

Nothing prohibits any religious association, religious corporation, or religious society that is not organized for private profit, or any institution organized for educational purposes that is operated, supervised, or controlled by a religious association, religious corporation, or religious society that is not organized for private profit, from:

limiting admission to or giving preference to persons of the same religion or denomination; or
in matters relating to sexual orientation, taking any action with respect to education, employment, housing and real property, or use of facilities. This clause does not apply to secular business activities engaged in by the religious association, religious corporation, or religious society, the conduct of which is unrelated to the religious and educational purposes for which it is organized.

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.

Genetic testing in employment

No employer or employment agency may directly or indirectly:

administer a genetic test or request, require, or collect protected genetic information regarding a person as a condition of employment; or
affect the terms or conditions of employment or terminate the employment of any person based on protected genetic information.

Discrimination against blind, deaf, or other persons with physical or sensory disabilities

It is an unfair discriminatory practice for an owner, operator, or manager of a hotel, restaurant, public conveyance, or other public place to prohibit a blind or deaf person or a person with a physical or sensory disability from taking a service animal into the public place or conveyance if the service animal can be properly identified as being from a recognized program which trains service animals, and if the animal is properly harnessed or leashed so that the person may maintain control of the animal.

No person may require a blind, physically handicapped, or deaf person to make an extra payment or pay an additional charge when taking a service animal into any of the public places referred to above.

Use of lawful product during non-work hours

Employers may not refuse to hire an applicant, nor discipline or discharge an employee, because the person engages in or has engaged in the use or enjoyment of lawful consumable products, if such use takes place off the premises of the employer during nonworking hours. The term “lawful consumable products” includes food, alcoholic or nonalcoholic beverages, and tobacco.

Familial status

State law defines familial status as “the condition of one or more minors being domiciled with (1) their parents or parents of 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.” The term also includes women who are pregnant and anyone in the process of securing legal custody of a minor. See also the state page on Pregnancy Discrimination.