• Before hire, employers generally may not request or require information about protected characteristics (e.g., race, religion, marital status, sexual orientation, pregnancy), whether on applications, in interviews, or from third parties, though they may inquire into an applicant’s ability to safely and effectively perform job duties, consistent with disability and medical‑exam rules. • Protected‑status information may be collected for affirmative action purposes if it is separated from selection materials and not seen by decision‑makers, except in narrow, plan‑driven situations where it is used to choose among qualified candidates in underutilized groups. As places of public accommodation, most businesses may not discriminate against customers or the public based on race, color, creed, religion, disability, national origin, marital status, sexual orientation, or sex. They must make reasonable modifications to policies and remove physical barriers where feasible, and must permit properly controlled and identified service animals accompanying people with disabilities, unless their presence poses a direct threat or fundamentally alters the service. CHARGES OF DISCRIMINATION An applicant or employee who believes they have been discriminated against under the Minnesota Human Rights Act generally has one year from the most recent discriminatory act to file a charge with Minnesota Department of Human Rights (MDHR) or to file a civil lawsuit in state district court. MDHR first reviews jurisdiction and then, if it opens a case, investigates by gathering information from both sides and offering opportunities for early resolution such as mediation. If MDHR finds no probable cause , or dismisses for other procedural reasons (such as failure to cooperate), the charging party may appeal within specific time limits or may still elect to pursue a private lawsuit. If MDHR finds probable cause and conciliation fails, either MDHR or the charging party can proceed to a civil action or public hearing. Remedies under the MHRA have been expanded and may now include: • Hiring, reinstatement, promotion, or other equitable relief. • Compensatory damages (including back and front pay and mental anguish) up to three times actual damages.
• Unlimited punitive damages against private employers. • Attorney’s fees and civil penalties payable to the state.
Recordkeeping for discrimination matters Minnesota rules require an employer that receives a discrimination charge to retain all charge‑related documents until MDHR confirms that the charge is fully resolved. In addition, job‑applicant and employment records must generally be kept for at least one year after they are created, whether or not a charge is filed.
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