Minnesota state hiring practices under investigation by DOJ for 'illegal DEI'

DOJ investigating Minnesota hiring policies

The Department of Justice has launched an investigation into Minnesota's state employment hiring practices for potential race and sex-based discrimination.

ST. PAUL, Minn. (FOX 9) - The Justice Department is investigating the state of Minnesota for what it calls race and sex-based hiring practices. 

Investigating hiring practices

The backstory:

The Department of Justice says it will be looking at the Minnesota Department of Human Services to determine if it has engaged in discrimination in its hiring practices.

The investigation comes after the DHS implemented a new "hiring justification" policy, which is set to go into effect on Aug. 12. Before offering employment, the new rule requires hiring supervisors to explain why they chose a candidate any time that applicant is not a member of an underrepresented class. 

In its policy memo issued July 1, DHS says employees who do not comply with the rules "may be subject to disciplinary action up to and including termination." 

The DOJ claims that this policy "seems to be part of a broader effort by the state to engage in race-and sex-based employment practices in its ‘affirmative action’ objectives."

The DOJ sent a letter to Minnesota Attorney General Keith Ellison and the Minnesota Department of Human Services temporary commissioner Shireen Grandhi on July 10, informing them of the investigation. 

The full letter can be read below.

What they're saying:

"Minnesotans deserve to have their state government employees hired based on merit, not based on illegal DEI," said Attorney General Pamela Bondi.

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

Minnesota Department of Human Services response 

The other side:

The MDHS issued the following statement in response to the investigation. 

"The Minnesota Department of Human Services follows all state and federal hiring laws. Justification of non-affirmative action hires for some vacancies has been required by state law since 1987.

"Minnesota Statutes, section 43A.191 states, ‘An agency that does not meet its hiring goals must justify its nonaffirmative action hires in competitive appointments and noncompetitive appointments…’" 

Other DOJ investigations

Dig deeper:

This is not the first time DOJ has focused on Minnesota’s progressive policies. Back in May, the civil rights division opened an investigation into Hennepin County Attorney Mary Moriarty after her office issued a policy regarding departures from sentencing guidelines, and asking prosecutors to "consider the person charged as a whole person, including their racial identity and age." 

In June, the DOJ filed a lawsuit against Gov. Tim Walz over tuition benefits for undocumented immigrants. That lawsuit comes as President Donald Trump tries to ensure that taxpayer benefits don’t go to anyone in the country illegally. 

FOX 9 reached out to the Minnesota Attorney General’s Office for a statement.