Workplace Harassment in Minnesota

Overview

Minnesota law makes it illegal to harass someone at work because of who they are. The Minnesota Human Rights Act ( Minn. Stat. § 363A ) protects workers from harassment based on a wide list of personal characteristics. Federal law provides similar protections under Title VII of the Civil Rights Act of 1964.

Workplace harassment is unwelcome conduct based on a protected characteristic that is severe or pervasive enough to create a hostile, intimidating, or offensive work environment. It can also include situations where a supervisor demands sexual favors in exchange for job benefits.

This guide explains what counts as harassment, how to document it, how to file a complaint with the Minnesota Department of Human Rights (MDHR), and what to expect from the process.

Who this guide is for: Minnesota workers who are experiencing harassment at work and want to understand their rights, or who need to file a formal complaint.

Do I Have a Case?

Workplace harassment may violate Minnesota law if:

• The conduct is based on a protected characteristic — race, color, creed, religion, national origin, sex (including pregnancy and gender identity), marital status, disability, public assistance status, age, sexual orientation, familial status, or local human rights commission activity
• The conduct is unwelcome — you did not invite or want it
• The conduct is severe or pervasive — it is serious enough or happens often enough to change your work environment (a single minor comment usually does not qualify, but a pattern of comments or a single extreme incident can)
• Your employer knew or should have known about the harassment and failed to take prompt, effective action to stop it

There are two main types of workplace harassment:

• Hostile work environment — A pattern of offensive conduct (comments, jokes, threats, physical contact, display of offensive materials) that makes your workplace intimidating or abusive
• Quid pro quo — A supervisor or person with authority demands sexual favors or romantic attention in exchange for a job benefit (such as a promotion, raise, or keeping your job)

Step-by-Step Process

Step 1: Document the Harassment

Start keeping a detailed record of every incident. Your documentation should include:

• Date, time, and location of each incident
• What was said or done — write down exact words or actions as closely as you can remember
• Who was involved — the name of the harasser and any witnesses
• How it affected you — your emotional and physical reactions, impact on your work
• Any evidence — save emails, text messages, photos, voicemails, or written notes

Keep your records in a safe place outside of work, such as your personal email or home computer.

Do not rely on memory alone. Written records created close to the time of each incident are much more persuasive than recollections months later.

Step 2: Report Internally to Your Employer

Most employers have a policy for reporting harassment. Check your employee handbook or ask your HR department. You should:

• Report the harassment in writing to your supervisor, HR department, or the person identified in your employer’s harassment policy
• Keep a copy of your written complaint and any responses you receive
• Follow up if you do not receive a response within a reasonable time

If your supervisor is the harasser, report to their supervisor or directly to HR.

Reporting internally gives your employer a chance to fix the problem. It also strengthens any future legal claim by showing that the employer knew about the harassment.

Tip

Even if you doubt anything will change, filing an internal report creates a record. If your employer ignores the report or retaliates against you, that can support your legal case.

Step 3: File a Charge with the Minnesota Department of Human Rights (MDHR)

If your employer does not resolve the problem, you can file a charge of discrimination with MDHR. You can file:

• Online at mn.gov/mdhr
• By phone at 651-539-1100 or 800-657-3704
• By mail using MDHR’s complaint form

Your charge must be filed within 1 year of the last act of harassment under Minnesota law.

The 1-year deadline is strict. Do not wait. If you miss it, you may lose your right to file a state claim. Mark the date on your calendar and file well before the deadline.

You also have the option of dual-filing with the federal Equal Employment Opportunity Commission (EEOC). Federal claims under Title VII must be filed within 300 days of the last discriminatory act (if you are also filing with a state agency). MDHR and the EEOC have a work-sharing agreement, so filing with one agency can count as filing with both — but confirm this when you file.

Step 4: Cooperate with the Investigation

After you file, MDHR will investigate your charge. The investigation typically includes:

• Reviewing your complaint and supporting documents
• Notifying your employer and giving them a chance to respond
• Interviewing witnesses on both sides
• Gathering additional evidence from the workplace

Be responsive to MDHR’s requests for information. Provide any new evidence or witness names promptly.

MDHR will issue a determination on whether there is probable cause to believe discrimination occurred. If probable cause is found, MDHR may attempt to resolve the matter through conciliation (a negotiated agreement).

Step 5: Consider Litigation

If MDHR does not resolve your case, or if you prefer to go directly to court, you have the right to file a lawsuit. Here are your options:

• After MDHR issues a determination, you may be able to bring your case to an administrative hearing or file a lawsuit in state court
• Right to sue — you can request a right-to-sue letter from MDHR, which allows you to file a lawsuit in district court
• Federal court — if you filed with the EEOC, you can request a right-to-sue letter and file in federal court under Title VII

Litigation is complex and has its own deadlines. If you are considering a lawsuit, consult with an employment attorney as soon as possible. Many employment attorneys offer free initial consultations and may take your case on a contingency basis.

Key Deadlines

Deadline	Details
File with MDHR	Within 1 year of the last act of harassment
File with EEOC (federal)	Within 300 days of the last discriminatory act (if dual-filing with a state agency)
Right to sue	After MDHR completes its process, you may request a right-to-sue letter
Statute of limitations for lawsuit	Varies — consult an attorney promptly after receiving a right-to-sue letter

Costs & Fees

Item	Cost
Filing a charge with MDHR	Free
Filing a charge with EEOC	Free
MDHR investigation	Free
Attorney for a lawsuit	Many work on contingency (no fee unless you win); some offer free consultations

Filing a complaint with MDHR or the EEOC is free. If you pursue a lawsuit and win, you may be entitled to have the employer pay your attorney fees as part of the judgment.

When to Get a Lawyer

You can file a complaint with MDHR or the EEOC on your own. However, consider getting a lawyer if:

• The harassment involves sexual assault or physical violence
• Your employer has retaliated against you for reporting
• You are considering a lawsuit in court
• The case involves complex facts or multiple harassers
• You want help negotiating a settlement with your employer

Many employment attorneys offer free initial consultations and may take your case on contingency.

Related Guides

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Where to Get Help

• Minnesota Department of Human Rights (MDHR) — File a charge or get information. Call 651-539-1100 or 800-657-3704, or visit mn.gov/mdhr
• Equal Employment Opportunity Commission (EEOC) — Minneapolis Office — Federal discrimination claims. Call 800-669-4000 or visit eeoc.gov
• Gender Justice — Legal advocacy for gender-based harassment and discrimination. Visit genderjustice.us

Frequently Asked Questions

What if the harassment is not sexual in nature?

Workplace harassment does not have to be sexual. Harassment based on race, religion, national origin, disability, age, or any other protected characteristic under Minn. Stat. § 363A is illegal. The same legal protections and complaint procedures apply.

Can my employer retaliate against me for reporting harassment?

No. Minnesota law and federal law both prohibit retaliation against employees who report harassment, file a complaint, or participate in an investigation. Retaliation includes firing, demotion, reduction in hours, or any other adverse action taken because you exercised your rights. If your employer retaliates, that is a separate legal violation.

What if the harasser is a coworker, not my boss?

Your employer can be held responsible for harassment by a coworker if the employer knew or should have known about the conduct and failed to take prompt, appropriate action. Report the behavior to your employer so they have the opportunity (and obligation) to address it.

How long does an MDHR investigation take?

Investigation timelines vary depending on the complexity of the case and MDHR’s workload. Some investigations are resolved in a few months; others may take a year or more. Stay in contact with your assigned investigator and respond promptly to requests for information.

Do I need a lawyer to file a complaint with MDHR?

No. You can file a charge with MDHR on your own. However, if your case is complex or if you are considering litigation, an attorney can help you navigate the process and protect your rights. Many employment attorneys offer free initial consultations.

What remedies can I receive if my claim is successful?

Depending on the outcome, you may receive back pay, front pay, compensatory damages for emotional distress, an order requiring the employer to change its policies, reinstatement to your job, and attorney fees. The specific remedies depend on the facts of your case and whether it is resolved through MDHR or in court.