While almost all states provide some sort of protection for workers belonging to a protected class (whether age, sex, race, disability, or other characteristic), the Minnesota Human Rights Act (MHRA) offers some of the strongest protections for workers in the country. The MHRA is one of the key tools that the employment attorneys at Schaefer Halleen have to hold employers accountable—and it just got stronger.
On May 15, 2024, Governor (and now Vice President candidate) Tim Walz signed a bill that significantly expands workers’ rights to be free from discrimination and retaliation in Minnesota. The amendments to the MHRA took effect on August 1, 2024, and are the latest in a series of pro-worker laws enacted in Minnesota in recent years that addressed a variety of topics, including non-competes and paid leave. These laws reflect a commitment by the Minnesota legislature and Governor Walz to ensure employees operate on an equal playing field with their often well-resourced employers.
Broader Definitions
The amendments expanded the number of employees covered by the MHRA by modifying certain definitions.
One modification was clarifying that a disability may be “an impairment that is episodic or in remission and would materially limit a major life activity when active.” This expanded definition aligns with federal protections available under the Americans with Disabilities Act Amendments Act (ADAAA) and ensures that employees are protected for non-permanent disabilities.
The amendments also strengthen protections for discrimination based on “familial status,” which ensures that employees caring for vulnerable adults at home are protected from discrimination. In the past, the MHRA limited “familial status” discrimination claims to situations where minor children resided with an employee.
In addition, the bill squarely addressed the concept of “intersectional discrimination” by ensuring that individuals discriminated against based on multiple protected classes (e.g., race and age) are protected. For example, a Black woman would be a member of two protected classes (sex, race), and such an employee may be able to assert discrimination based on her belonging in both categories. It may be that a company does not discriminate generally against Black male workers or White women workers, but discrimination does exist against workers who are both Black and women.
The final expansion of rights under the MHRA is with respect to harassment claims. Prior to the amendments, MHRA was not clear whether individuals could assert harassment claims in areas outside the sexual harassment context. The amendments clarify that harassment can also be based on other protected classes, including age, race, and disability.
Greater Potential Recovery
The amendments significantly changed how damages are awarded and the extent of damages available under the MHRA. The law made clear that a jury and not a judge determines the extent of damages, including punitive damages. Punitive damages are damages awarded to an employee to punish an employer for engaging in particularly egregious conduct—as sometimes occurs in discrimination cases. Under the new law, juries may award unlimited punitive damages; previously, there was a limit of $25,000. The new law also clarifies that damages for emotional distress, like damages for lost wages, may be tripled. These changes all significantly increase employer’s exposure in discrimination cases—and similarly increase an employee’s potential recovery and leverage in negotiations.
Navigating Discrimination Claims
Finally, the amendments provide clarity on how the Minnesota Department of Human Rights processes, investigates, and resolves charges of discrimination. Now, employees whose charge of discrimination was dismissed by the Minnesota Department of Human Rights have 90 days—rather than 45 days—to initiate a lawsuit in court.
Our experienced attorneys routinely bring cases under the MHRA, and we welcome these positive changes. If you believe you have suffered discrimination in the workplace, the attorneys at Schaefer Halleen are here to help.
