The Department of Justice (DOJ) announced Thursday it is opening an investigation into the state of Minnesota’s allegedly racist and sexist hiring practices, which it says may violate the Civil Rights Act of 1964.
The Minnesota Department of Human Services allegedly required supervisors to justify hiring an individual that is not a minority in an effort to increase “affirmative action” in hiring, according to the DOJ press release. Supervisors that did not comply to this practice “may be subject to disciplinary action, up to and including termination.”
This Minnesota hiring guide was initially published on June 17, 2025, and set to become effective on August 12, 2025. The policy defines a “non-affirmative hire” as “a hiring decision where a non-underrepresented candidate is chosen for hire when a qualified, underrepresented candidates exist in the interview pool.” Hiring a “non-affirmative hire” would prompt the supervisor to submit a justification of this hire.
The policy defines “protected group(s)” as “females, persons with disabilities, and members of the following minorities: Black, Hispanic, Asian or Pacific Islander, and American Indian or Alaskan native.”
“Federal law has long prohibited employment policies that discriminate based on race or sex,” Trump administration Assistant Attorney General of the Civil Rights Division Harmeet Dhillon said in a statement. “The Justice Department refuses to tolerate such conduct, and state invite investigation when they engage in biased hiring practices tied to protected characteristics.”
Democratic Minnesota Gov. Tim Walz’s first executive order in 2019 established the “One Minnesota Council on Diversity, Inclusion, and Equity,” with himself as the chairman. The council’s goal is to apply “equity” to Minnesota, according to the executive order.
Diversity, inclusion, and equity are core values of #OneMinnesota, and we’re excited to announce that the Governor’s Office is hiring for the role of Chief Inclusion Officer. I look forward to working closely with our CIO to ensure every aspect of our work advances equity in MN.
— Governor Tim Walz (@GovTimWalz) February 6, 2019
“Disparities in Minnesota, including those based on race, geography, and economic status, keep our entire state from reaching its full potential,” Walz said in the order.
“If we are going to address these challenges, we must work hand-in-hand with the communities themselves. This council will help give a voice to all Minnesotans, whether they live on the East Side of St. Paul or in East Grand Forks,” the governor had added in a press release from his office accompanying the order.
Walz also started the “Governor’s Community Council on Inclusion and Equity” in 2021, a council that would work alongside the council formed in 2019, according to his March 2021 executive order. The councils developed and published a 2022 report to implement diversity, equity and inclusion in the state government.
The report recommended removing educational barriers to employment and ensuring a diversity ratio in every department, according to the report.
In 2023, Walz created the Chief Equity Officer position and appointed former deputy commissioner of the Minnesota Department of Education Stephanie Burrage to the role.
The DOJ’s investigation into Minnesota comes after the department announced an investigation into the City of Chicago for possible violations of the Civil Rights Act of 1964 in its hiring policy after Democratic Chicago Mayor Brandon Johnson claimed his administration was “the most diverse.”
The DOJ investigation into Minnesota is aimed “to determine whether” the state is “engaged in a pattern or practice of discrimination,” according to the DOJ’s notice letter.
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