FAQ about the MDHR and Filing a Complaint
Other FAQ about discrimination under the Minnesota Human Rights
Act can be found in the Your Rights section in Practices
Prohibited. FAQ about contract compliance are listed in the Employers section. If you have questions about
terminology used on our web site, visit our glossary page.
General
What is the Minnesota Department of Human Rights?
The Minnesota Department of Human Rights (MDHR) is a neutral state agency that investigates charges of illegal discrimination, ensures that businesses seeking state contracts are in compliance with equal opportunity requirements, and strives to eliminate discrimination by educating Minnesotans about their rights and responsibilities under the Minnesota Human Rights Act (MHRA).
How many total charges are filed with the Department of Human Rights?
From January 1, 2010 to December 31, 2010 there were 802 new charges filed. Information on the charges filed in 1993 through June 2011 is available here in pdf format.
On what basis are the most charges filed?
In 2010, more charges were filed on the basis of disability than on any other basis. In 2010 disability charges totaled 25 percent of all charges filed, followed by race at 19 percent.
Information on the charges filed in 1993 through June 2011 is available here in pdf format.
In what area are the most charges filed?
Year after year, employment is the area in which the vast majority of cases are filed—in 2010, roughly 63 percent of the charges filed with the department were in the area of employment.
Complaint Process
What is the statute of limitation (SOL) for filing a charge?
The statute of limitation for filing a charge under the Minnesota Human Rights Act is one year from the date of the incident. Tolling for the one year limit is suspended during alternative dispute resolution.
Do I need an attorney to file a charge with the department?
You do not need to have an attorney, however you may choose to hire an attorney at any time during the process.
What happens when I call the department to start a complaint?
You will be able to speak with an intake officer, who can start the process for you.
What is the cost of filing a charge?
There is no cost to the charging party (the person filing the charge).
Do I need to make an appointment to see an intake officer?
No, we accept walk-ins from 9:00 am to 4:00 pm, Monday through Friday. We do most of our intake work over the phone so a person does not have to make a trip to our offices. Intake phone line is open from 9:30 am to 3:30 pm, Monday through Friday.
How does your complaint process work?
The basic steps in the department's complaint process are as follows:
Intake
- Charging party discusses their situation with the MDHR Intake staff or their attorney. NOTE: there is a one year time limit for filing a charge with the MDHR.
- If the complaint is covered by the Minnesota Human Rights Act the MDHR files a charge. (If the complaint is not covered, there is no filing.)
- The charge is sent to the respondent.
- The parties may be contacted by the department to schedule voluntary mediation. (More information about our mediation program is available here.) If there is no setttlement through the mediation process, the charge proceeds to investigation.
Investigation & Determination
- MDHR conducts a neutral investigation of the charge(s).
- MDHR makes a determination on the charge: Probable Cause or No Probable Cause. Either party has the option of appealing a determination.
How long does the process take?
The department has one year to make a determination. The one-year time limit can be suspended if parties are participating in alternative dispute resolution sanctioned by the commissioner.
What should I do next?
MDHR is a neutral fact-finding agency. No advice can be given as to what you should do next.
I received an invitation to participate in mediation. Am I required to participate in this process?
No, mediation is voluntary. There is no cost to either party for the mediation. If there is no settlement through mediation, the charge of discrimination is referred to investigation and processed like any other charge filed with the department.
What is mediation?
Mediation is a confidential dispute resolution process in which a trained neutral mediator assists the charging party and respondent to resolve claims of discrimination without assigning fault or blame to either party. All information shared during a mediation session is regarded as confidential and cannot be revealed to anyone outside the mediation session including the department. You can find more information about our mediation program here.
What happens if the department makes a probable cause finding?
The department will attempt to settle the matter through conciliation. If the parties are not able to agree on a settlement, the Attorney General's Office may argue the case in front of an administrative law judge.
I received a dismissal letter from the commissioner. I am not happy with the outcome of my case. What can I do?
You can appeal a No Probable Cause determination or request reconsideration of a dismissal decision. Requests must be in writing. Department staff can explain this process in more detail.
EEOC Cross-filing
I received an Equal Employment Opportunity Commission (EEOC) notification of cross filing letter. What does this letter mean?
The state and federal agencies can accept charges for each other when both have jurisdiction. A charge filed with the state Human Rights Department or with EEOC will be "cross-filed" with the other, so that only one agency investigates the claim.
Your Rights and the MN Human Rights Act
It does not sound like you can help me because I am not a member of a protected class. Is that true?
No, everyone has a race, an age, a sex, etc. If a protected class is the basis for differential treatment, and it is covered in the MHRA, a person can file a charge with the department. You do not have to be a "certain race" or a "certain sex" in order to file a charge.
How can places like movie theaters charge different prices based on a person's age?
The legislature did not include age as a protected class in the area of public accommodations. This is why movie theaters can charge different prices based on age, and restaurants can have "senior menus."
How old do I have to be to file a charge of age discrimination in employment?
Under the Minnesota Human Rights Act, a person is covered under age discrimination in employment if they are of the age of majority (18). Under federal law (ADEA), a person must be at least 40 years old to file a charge of age discrimination in employment.
Can I be terminated if I file an employment discrimination charge against my employer?
If an employer terminates you without a legitimate reason after you file a charge of discrimination, it may be reprisal, which can be the subject of a separate charge. The Minnesota Human Rights Act prohibits adverse treatment of a person as retaliation for filing a charge.
