Labor & Employment Law Daily Wrap Up, DOJ NEWS—Investigation launched into Minnesota’s allegedly discriminatory hiring practices, (Jul 14, 2025)

By Patricia K. Ruiz, J.D.

The policy requires hiring managers to provide justification when seeking to hire a non-underrepresented candidate.

The Department of Justice (DOJ) Civil Rights Division is investigating the State of Minnesota to determine whether it has engaged in race- and sex-based discrimination in its state employment hiring practices, according to a notice letter sent to the State. The investigation focuses on hiring requirements of the state’s Department of Human Services (DHS).

Hiring policy. DHS requires its hiring supervisors to provide a hiring justification when seeking to hire a non-underrepresented candidate. Hiring supervisors who run afoul of this requirement may be subject to disciplinary action, up to and including termination. The policy defines “underrepresented candidates” to include females, and racial minorities who are “Black, Hispanic, Asian or Pacific Islander,” “American Indian or Alaskan native.”

Investigation. The DOJ has identified this requirement as “part of a broader effort by the state to engage in race- and sex-based employment practices in its affirmative action objectives.” The Civil Rights Division’s Employment Litigation Section will investigate whether the requirement constitutes a pattern or practice of discrimination prohibited by Title VII of the Civil Rights Act of 1964.

“Federal law has long prohibited employment policies that discriminate based on race or sex,” said Civil Rights Division Assistant Attorney General Harmeet K. Dhillon. “The Justice Department refuses to tolerate such conduct, and states invite investigation when they engage in biased hiring practices tied to protected characteristics.”

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