National Origin Discrimination Laws in Minnesota

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits national origin discrimination by employers with 15 or more employees. National origin discrimination includes discrimination based on an individual's country of origin, accent, ethnic appearance, or inability to speak English fluently. The law also protects individuals from harassment based on national origin and requires employers to provide reasonable accommodations for religious practices if they do not cause undue hardship.

The EEOC enforces Title VII and handles charges of national origin discrimination. Under Title VII, remedies include back pay, front pay, compensatory damages for emotional distress, and punitive damages in cases of intentional discrimination. Additionally, 42 U.S.C. § 1981 provides protection against racial and national origin discrimination in the formation and enforcement of contracts, including employment contracts, and applies to employers of all sizes, potentially providing an alternative avenue for relief.

Minnesota Statute section 363A.09 provides broader protection than federal law by covering employers with one or more employee, rather than requiring 15 or more employees under Title VII. This means virtually all Minnesota employers are covered under state law regardless of size. Minnesota's definition of national origin discrimination is substantially similar to federal law but includes specific protections against discrimination based on accent, ethnicity, or refusal to adopt English-only workplace policies when such policies are not job-related.

Minnesota law explicitly prohibits discrimination in hiring, compensation, terms and conditions of employment, and termination based on national origin. The state also protects employees from harassment and requires reasonable accommodations related to national origin, such as allowing employees to speak their native language during breaks or in certain work contexts when it does not materially interfere with job performance.

Minnesota law applies to all employers regardless of size, including sole proprietorships and small businesses. This expansive coverage means more workers have protections than those covered by federal Title VII. Remedies under Minnesota Statute section 363A.28 include back pay with interest, front pay, compensatory damages including emotional distress and loss of enjoyment of life, punitive damages, injunctive relief, and attorney fees and costs. The state also permits recovery of damages that may exceed federal caps.

Minnesota law contains limited exceptions to national origin discrimination protections. Bona fide occupational qualifications (BFOQs) allow discrimination when national origin is a legitimate job requirement—this is narrowly construed and rarely applied. For example, an employer hiring a language instructor for a specific language might be permitted to consider national origin as a BFOQ.

Employers may enforce English-only workplace policies if they are job-related and not used as a pretext for discrimination. However, such policies must be narrowly tailored and applied consistently. An employer cannot require English-only policies for jobs where English proficiency is not necessary for job performance. The burden is on the employer to demonstrate the legitimate business necessity.

Federally, the narrowing of Title VII protections under Gross v. FBL Services (allowing comparison to similarly-situated employees) and Comcast v. National Black Media Coalition create evidentiary challenges, though Minnesota law does not impose the same strict causation standards. Additionally, if an employee is covered by a collective bargaining agreement, union contract terms may govern certain aspects of employment, though discrimination protections cannot be waived. Immigration status can be a factor in employment decisions if required by federal law (I-9 verification), but national origin cannot be used as a proxy for immigration status.

Step 1: Document the discriminatory conduct. Keep detailed records of all incidents, including dates, times, what was said or done, who was present, and any witnesses. Save emails, texts, performance reviews, and any communications showing differential treatment based on national origin. Document your qualifications and job performance compared to similarly-situated employees of different national origins. Preserve this evidence in a secure location, including digital copies and physical copies.

Step 2: Follow your employer's internal complaint procedure if one exists. Review your employee handbook for grievance procedures and complaint mechanisms. Report the discrimination to HR, your manager's supervisor, or the designated compliance officer in writing, clearly describing the discriminatory conduct, dates, and the harm caused. Request written acknowledgment of receipt. Keep copies of all communications. Internal complaints create a paper trail and may give your employer an opportunity to remediate, though failure to investigate or retaliate against you for complaining is itself illegal.

Step 3: File a charge with the Minnesota Department of Human Rights (MDHR). The deadline is 300 days from the date of the discriminatory act. You can file online at www.state.mn.us/mdhr, by mail at Minnesota Department of Human Rights, 540 Park Avenue, St. Paul, MN 55103, or by calling (651) 296-5663. Your charge must include your name, address, phone number, the employer's name and address, a description of the discriminatory conduct, and the date(s) it occurred. You do not need an attorney to file. The MDHR will send a copy of your charge to the employer.

Step 4: The MDHR investigation process begins after your charge is filed. The agency will conduct an investigation, typically lasting 30-90 days, which may include interviews with you, the employer, witnesses, and a review of relevant documents. You will receive updates on the investigation status. The MDHR will determine whether there is probable cause to believe discrimination occurred. If probable cause is found, the parties enter into conciliation; if conciliation fails, the case may be referred to the Minnesota Human Rights Act hearing process. If no probable cause is found, you receive a closure notice and may file a civil action in court within two years.

Step 5: Consult an employment law attorney if you have filed a charge or are considering filing. An attorney can review the merits of your claim, ensure compliance with deadlines and procedural requirements, represent you in the MDHR process and any subsequent hearings, and help you understand your legal options. Many employment attorneys work on contingency (no upfront costs), taking payment only if you win. An attorney experienced in discrimination law can strengthen your case and maximize compensation.