DOJ investigates Minnesota’s hiring rules, alleging state’s policy may discriminate by race and sex in public jobs.

Justice Department Opens Inquiry Into Minnesota Hiring Policy

The U.S. Department of Justice has launched an investigation into Minnesota’s employment practices, scrutinizing whether the state is engaging in unlawful race- and sex-based discrimination when filling public positions. The probe centers on a new policy by the Minnesota Department of Human Services, which requires supervisors to provide a “hiring justification” when they wish to select a candidate who is not considered underrepresented for a vacancy in certain job categories. Failure to comply with this policy may result in disciplinary measures, including termination.

This Justice Department action marks the Trump administration’s latest clash with Minnesota and Governor Tim Walz, coming after Walz’s unsuccessful 2024 vice presidential bid. State Attorney General Pamela Bondi stated, “Minnesotans deserve to have their state government employees hired based on merit, not based on illegal DEI.” Bondi’s remarks highlight the administration’s view that the policy constitutes an impermissible form of diversity, equity, and inclusion enforcement.

The Minnesota Department of Human Services, however, maintains that the policy is aimed at fulfilling affirmative action responsibilities mandated by state statutes and at increasing workforce diversity to better serve Minnesota’s population. Under the policy, “underrepresented candidates” are defined as women and racial minorities, including Black, Hispanic, Asian or Pacific Islander, American Indian, or Alaskan Native applicants.

Federal Officials Warn of Civil Rights Violations

In a letter to state officials, the Justice Department underscored that Title VII of the Civil Rights Act prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. “When the Attorney General has reasonable cause to believe that a state or local government employer is engaged in a pattern or practice of discrimination in violation of Title VII, it is the Attorney General’s responsibility to take appropriate action to eliminate that violation, including presenting the matter to the appropriate court for civil proceedings,” the department warned. DOJ officials specifically cited concerns that the Minnesota Department of Human Services’ hiring justification policy may amount to unlawful discrimination.

The state’s Department of Human Services responded by affirming its adherence to all state and federal hiring laws, noting that “justification of non-affirmative action hires for some vacancies has been required by state law since 1987.”

This federal inquiry follows a recent lawsuit from the Justice Department challenging Minnesota laws that allow illegal aliens to receive in-state tuition benefits, arguing that those statutes are unconstitutional. Additionally, Minnesota Attorney General Keith Ellison has filed a lawsuit against the Trump administration and DOJ to protect the state’s ability to allow transgender athletes to participate in girls’ sports.

The outcome of the Justice Department’s investigation could have far-reaching implications for affirmative action, state hiring autonomy, and federal enforcement of civil rights law. As the legal battle unfolds, both sides are preparing to defend their positions in court, with Minnesota officials standing by their diversity policies and federal authorities emphasizing the importance of equal opportunity and compliance with federal law.