neither side will necessarily have to retain an attorney. Both sides are encouraged to settle the matter at any time in the process. In Minnesota, aggrieved parties may bypass the Human Rights Department and go directly to state district court to bring suit against the employer. If the evidence does not support the charge, the Department will issue a “no probable cause” finding on the merits of the charge. Note also that whether or not the Department concludes that the evidence supports the charging party’s allegations, the Department has the discretion to “dismiss” charges for a variety of reasons, such as not warranting the resources of that Department or a failure of the charging party to submit a rebuttal to the responding party’s answer to the charge. Note that both a finding of “no probable cause” and a “dismissal” may be appealed (although there are different time periods for each appeal). Note again that a charging party, no matter what the Department concludes, may file a private lawsuit in district court. If the charge of discrimination is supported by the evidence, action is taken to stop the discriminatory act or practice and relief is sought for the person who was discriminated against. If relief is not obtained through this conciliation, the Department or the charging party may take the matter to court or to a public hearing. Relief in employment discrimination cases may include the hiring, reinstatement, or upgrading of a person; up to three times back pay, including compensation for fringe benefits and interest accrued; and adoption of policies or participation in a training program. Relief could also include other compensatory damages, punitive damages, and damages for mental anguish. Violators of the law also may be assessed a civil penalty payable to the state. A person who violates the laws regarding public accommodations discrimination is guilty of a misdemeanor. Minnesota Rules 5000.2250 requires that an employer charged with discrimination must retain all charge-related documents, under its control, until the Department informs the employer that the charge has been resolved. All job applicant and employment records must be retained by an employer for at least one year after they are made, whether or not a charge has been filed. In addition, a number of federal statutes govern the retention of records regarding employees’ charges of discrimination, including disability discrimination, improper termination, or violation of civil rights. These impose retention requirements of from one year to final disposition of charges, whichever is later. Each year a comprehensive update of federal recordkeeping requirements is published in the Federal Register. A business or government reference librarian can direct employers to the latest compilation. GUIDELINES FOR PREVENTING DISCRIMINATION IN HIRING When interviewing job applicants, the employer should only ask questions which reasonably relate to the job in question. The burden of proof is on the employer to demonstrate that questions are not used to discriminate. Asking an applicant to supply information that is not job-related or that might reveal an applicant’s protected status could lead to charges of discrimination. Inquiries that may improperly request protected status information include those about age, date of birth, marital status (including identity or situation of spouse), sexual orientation, sex, race, creed, color, religion, national origin, and disabilities. The employer may ask questions that help assess the applicant’s ability to do the job, and which are asked of all applicants for the job. Inquiries that elicit information about the applicant‘s education, experience, abilities, licenses and certifications that are job related generally are
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