Your Questions, Answered

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To assert discrimination claims under Minnesota law, you must be a member of a protected class. Those classes include:

• sex
• race, ethnicity, or national origin
• disability
• age
• sexual orientation
• gender identity
• religion
• marital status or familial status

Discrimination generally means your employer treated you differently or singled you out because you're a member of a protected class.

When asserting workplace discrimination claims under Minnesota law, an employee must show that the employer discriminated against them because of their membership in a protected class. Some potential examples of discriminatory conduct include:

• your employer terminating you because of your membership in a protected class (or making your membership in a protected class a significant factor in its termination decision)
• your employer singling you out for discipline because of your membership in a protected class
• your employer holding you to different performance or disciplinary standards because of your membership in a protected class, while others not in your protected class are held to lower standards
• your employer allowing coworkers to harass you because of your membership in a protected class and not taking action to stop the harassment
• your employer paying you less than equally qualified coworkers who aren't members of your protective class

Workplace discrimination can happen in many different ways. If you think discrimination is happening to you or your coworkers, consider reaching out to a qualified attorney to learn more about your rights. You may have grounds for a lawsuit or other legal relief.

Under Minnesota law, if your coworkers are harassing you because of your membership in a protected class, then you may have legal claims against your employer. Some possible forms of harassment include the following:

• insults or epithets that are associated with your protected class
• threats of harm to you, your friends and family, or your property
• unwelcome touching or physical contact
• repeated, unwanted questions about dating or sexual matters

If you're targeted for harassment based on your membership in a protected class, and your employer doesn't take reasonable steps to stop the harassment, that can violate Minnesota discrimination laws. Under those circumstances, you may have grounds for a lawsuit or other legal relief.

Be aware that harassment doesn't always have to happen in the workplace. If your harassers are targeting you outside work or "off the clock," but your employer knows about or encourages the harassment, there may be grounds to assert legal violations by your employer. A qualified attorney can provide more guidance on your legal options.

Under Minnesota law, there are many situations that may be considered sex harassment or sexual harassment. While it's not possible to discuss all possible forms of sex harassment here, this answer is meant to help you identify situations where sex harassment could be happening.

If you have a manager, supervisor, or business owner that is pressuring you about sex or sexual relationships, that can be sex harassment.

That pressure can take different forms. For instance, a manager, supervisor, or business owner may suggest that your job depends on your compliance with their requests for sex or a sexual relationship. They may threaten to discipline you, or sabotage your career prospects, unless you go along with their requests. Even when threats and pressure aren't obvious, there can be sex harassment that provides grounds for a lawsuit or other legal relief.

It's common for a manager, supervisor, or business owner to create the impression of a friendly relationship before shifting to inappropriate requests for sex or a sexual relationship. Even if you had a friendly or consensual relationship with them in the past, if you feel like that person is pressuring you on sexual matters, that can become sex harassment.

Sex harassment can also potentially include insults based on your sex; crude or inappropriate remarks about sexual matters; use or distribution of sexually inappropriate materials in the workplace; and unwanted physical contact with others in the workplace.

It can be tough to challenge sex harassment. But no one should have to deal with inappropriate sexual requests or behavior in their workplace. A qualified attorney can help you understand your rights.

The phrase "hostile work environment" is sometimes misunderstood. When you have a coworker or manager who's rude, cruel, or disrespectful, you may want to say their behavior creates a "hostile work environment."

In legal matters, however, "hostile work environment" has a more specific meaning. It refers to behavior that's directed toward an employee because of their membership in a protected class. 

If a coworker or manager is generally rude or disrespectful to most of their coworkers, that's less likely to meet the legal standard for a hostile work environment. But if a coworker or manager targets disrespectful behavior at you or others based on your membership in a protected class, that may be a hostile work environment under Minnesota law.

There are different situations that can create a hostile work environment in violation of Minnesota law. It can be based on conduct by a single coworker or manager, or on the collective actions of many coworkers or managers. 

Sometimes a single incident can be so harmful or offensive, for you or other members of a protected class, that it creates a hostile work environment. But a hostile work environment can also be based on a pattern of harmful or offensive behavior toward you or other members of a protected class. When a hostile work environment is present, you may have grounds for a lawsuit or other legal relief.

Under Minnesota law, in a case against your employer for discrimination, harassment, or a hostile work environment, you may be eligible for different types of legal damages. The damages can include the following:

• economic damages: If you lost your job, this category can include wages and benefits you would have received had you continued working for your employer. If you have difficulty finding a new job or are forced to take a lower-paying job, that can also impact how your losses are measured.

• emotional distress damages: If your employer's actions affected your emotional health and wellbeing, then you may receive damages for that distress. You may qualify for emotional distress damages whether or not you seek mental health care or treatment.

• punitive damages: If your employer committed wrongdoing in a way that deliberately disregarded others' rights or safety, then it may be possible to seek punitive damages, which are meant to punish your employer and discourage wrongdoing.

Under Minnesota law, if you have an impairment that affects one or more major life activities, it may be legally classified as a disability. The impairment can be one that affects your physical health or your mental health. 

In addition, even if your employer is mistaken about your disability or regards you as someone with a disability, you may still be able to assert certain rights under disability discrimination laws.

If your disability limits or restricts your ability to work in some ways, you may be able to request disability accommodations from your employer. 

Under Minnesota law, there doesn't have to be a formalized request or process, but it's usually a good idea to have written communications with your employer about disability accommodations. Those communications may go through a human resources department, or they may be handled by other managers or supervisors in charge. You may also need to provide notes or medical information about your disability to your employer, including details about how your disability limits or restricts your work.

Minnesota law also requires employers to provide disabled employees with reasonable accommodations. Many different factors can affect whether accommodations are reasonable or unreasonable. But if an employer refuses to make reasonable accommodations, or if an employer terminates or retaliates against an employee who seeks reasonable accommodations, that can potentially supply grounds for a lawsuit or other legal relief.

Even if you don't have grounds for disability accommodations, other workplace rights may help you manage your physical and mental health. You may have the right to Earned Sick and Safe Time under Minnesota law; the right to paid leave under the Minnesota Paid Leave law; or the right to unpaid leave under the federal Family and Medical Leave Act.

When you take leave under these laws, that can provide your job with additional legal protections. And your employer can't retaliate against you for exercising your rights under these workplace laws. A qualified attorney can provide more information about your legal rights and how to use leave and disability laws to protect you and your family.

Minnesota law has protections for employees who report unlawful discrimination or harassment. Those protections apply to employees who report wrongdoing against themselves personally, as well as for employees who report wrongdoing against their coworkers.

Under Minnesota law, an employer can't retaliate against an employee for reporting unlawful discrimination or harassment. Such retaliation can happen through disciplinary action, changes to pay or hours, or termination. If you think your employer targeted you for reporting unlawful discrimination or harassment, a qualified attorney can help.

Minnesota law offers a number of protections to expectant and new parents. For instance, an employer can't discriminate against or terminate an employee because of pregnancy. If you think your employer targeted you for discipline or termination because of your pregnancy or family status, you may have grounds for a lawsuit.

While you're pregnant, you're automatically entitled to certain pregnancy accommodations: increased restroom breaks, increased food and water breaks, availability of seating, and lifting restricted to no more than 20 pounds. Depending on your circumstances, you may also be able to request other reasonable accommodations, or limited exposure to workplace hazards.

Most Minnesota residents who meet minimum income requirements are also eligible for Minnesota Paid Leave. A pregnant employee can take up to 12 weeks for pregnancy and post-childbirth care and another 12 weeks of bonding time, which can be combined for up to 20 weeks' leave. The other parent may also take up to 12 weeks' bonding time. During these leave periods, you get paid a portion of your regular wages (the exact amount depends on how much you earn). 

Even if you don't meet residence and income requirements for paid leave, if you worked for your employer at least 90 days, you may still be eligible for up to 12 weeks' unpaid leave.

Whether it' s paid or unpaid, your employer can't interfere or retaliate against you for taking parenting leave. With limited exceptions, when you're done with your leave, your employer should return you to your job or a comparable position. If your employer isn't complying with leave laws or retaliates against you for exercising your rights, you may have grounds for a lawsuit.

Minnesota law provides protections for nursing mothers who need to express milk for their child. If you want to express milk at work, your employer must provide you with a clean, private, and secure space for doing so. 

The space must be close to your work area and have access to an electrical outlet, but the space can't be a bathroom. You may take breaks to express milk when you need to, and your employer can't force you to punch out or express milk on unpaid time. If your employer doesn't follow these requirements or retaliates against you for requesting them, that may also provide grounds for a lawsuit.

If you're a regular caregiver for a child, parent, or close family member, you may have rights that arise out of that caregiving relationship. While there are many aspects to those rights that can't be fully summarized here, there are some important points to keep in mind.

If you and your employer meet certain requirements under federal law, and if you have a child or parent with a serious illness or impairment, you may be eligible for unpaid leave for caregiving purposes under the Family and Medical Leave Act. If you meet certain requirements under Minnesota law, and you have a child, parent, or close family member with a serious illness or impairment, you may also be eligible for paid leave for caregiving purposes under the Minnesota Paid Leave law.

If you qualify under these laws, you also may be able to request an "intermittent" leave, where you coordinate occasional leave time (days or partial days) to handle your caregiving. 

There can be other legal requirements that impact how and when you request leave. Depending on the circumstances, an intermittent leave may also cover circumstances where you unexpectedly need to care for a family member. But even in that scenario, you still have a responsibility to reasonably notify your employer why you are missing work.

An employer can't interfere with your leave rights or retaliate against you for exercising those rights. If your employer is treating you unfairly because of your caregiving or support for disabled family members, that may also violate workplace rights. A qualified attorney can provide more detailed guidance on your rights as a caregiver.