by In its recently completed legislative session, Minnesota made changes to the Minnesota Human Rights Act (MHRA), the state anti-discrimination law. The changes will impact how employment discrimination claims are handled by the state. Definitions of some protected characteristics were expanded. Damages and remedies available to successful plaintiffs suing under the MHRA were expanded. At the same time, the legislature changed some procedural deadlines for both the Minnesota Department of Human Rights (MDHR) and individuals making claims of employment discrimination.
Changes to MHRA Coverage and Remedies
The law was amended to:
- Expand the definition of ‘disability’: Individuals eligible to claim disability discrimination now include employees or applicants with an episodic or in remission impairment that would materially limit a major life activity when active.
- Expand the definition of ‘familial status’: Individuals who can claim familial status discrimination have long included individuals who reside with and care for children. The definition of familial status now extends to individuals residing with and caring for adults in some circumstances.
- Expand the damages and remedies that can be awarded: Damages that can be awarded to successful plaintiffs in MHRA lawsuits filed on or after August 1, 2024, will include compensatory damages (covering back pay, front pay, and damages for mental suffering) in an amount up to three times the actual damages sustained. Unlimited punitive damages can be awarded against a private employer. A court can grant the plaintiff other relief the court determines to be ‘just and equitable.’
Procedural Deadlines Changed
- The MDHR Commissioner must decide if there is probable cause to find unlawful discrimination within one year of the filing of a charge with the agency, unless the parties are engaged in an alternative dispute resolution process such as mediation.
- Charging parties will have 90 days, instead of the previous 45 days, to start a lawsuit after the MDHR dismisses a charge.
For more information on changes to the MHRA, along with details on the fourteen categories of characteristics protected from employment discrimination by the state law, check out the MDHR website: https://mn.gov/mdhr/
