If you have been treated unfairly based on race, gender, age, religion, disability, or another protected characteristic, you have the legal right to hold your employer accountable.
Filing an employment discrimination complaint is a critical step in protecting your career and helping to ensure a safer workplace for others. In Minnesota, the process typically involves one of three agencies: the Minnesota Department of Human Rights (MDHR), the Equal Employment Opportunity Commission (EEOC), or MNOSHA.
Filing a Complaint Through the MDHR (State Level)
The Minnesota Department of Human Rights (MDHR) enforces the Minnesota Human Rights Act. This state law is often broader than federal law, covering smaller employers (1 or more employees).
- Filing Deadline: The complaint must be filed within one year of the most recent act of discrimination.
How to File a MDHR Complaint
You can file a complaint with MDHR using any of the following methods:
- Online: via the MDHR complaint intake portal.
- By Phone: Call 651-539-1100 or 1-800-657-3704 (toll-free).
- Discrimination Helpline: 1-833-454-0148.
- By Mail/Email: Submit a completed intake form to info.mdhr@state.mn.us or visit the St. Paul office at 540 Fairview Avenue North, Suite 201.
What Happens After You File
After your complaint is received, MDHR will:
- Review the claim for jurisdiction.
- Offer Mediation, which settles cases in about 86 days on average.
- Conduct an investigation, which can take 12-18 months if no settlement is reached.
At the end of the investigation, the MDHR issues a “determination.” Think of this as the “tipping point”: either the agency finds there isn’t enough proof (No Probable Cause), or they find that a violation likely occurred.
What a Probable Cause Finding Means
A Probable Cause finding means the MDHR found enough evidence to believe discrimination likely occurred. This changes the trajectory of your case:
- Conciliation: The agency will now require a meeting to try to reach a voluntary settlement agreement.
- Litigation: If a settlement fails, the case may be referred to the MN Attorney General’s Office, or you may receive a letter allowing you to file a private lawsuit (you have 90 days from a finding to take action in court).
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Filing a Complaint Through the EEOC
The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces laws like Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA). This agency typically handles cases involving employers with 15 or more employees.
- Filing Deadline: In Minnesota, you must file within 300 days of the last act of discrimination.
How to File an EEOC Complaint in Minnesota
You can file an EEOC complaint through one of the following options:
- Online: Using the EEOC Public Portal.
- In Person: By scheduling an interview with the Minneapolis EEOC field office.
Important 2025 Note: As of October 1, 2025, the MDHR and EEOC no longer automatically cross-file. To fully protect your rights under both state and federal law, you must now separately and independently file with both agencies.
Understanding the EEOC Investigation Outcome
After you file a formal Charge of Discrimination, the EEOC begins its investigation. They will ask your employer for a “Position Statement” and may interview witnesses or request company records. Once the evidence is gathered, the EEOC will issue a final letter. If they cannot find a legal violation, they issue a “Dismissal and Notice of Rights.” However, if the evidence is in your favor, they issue a finding of Reasonable Cause.
What a “Reasonable Cause” Finding Means at the EEOC
A “Reasonable Cause” (the federal equivalent of Probable Cause) finding means the EEOC believes there is sufficient evidence to support your claim that discrimination occurred. This is a rare (statistically found in fewer than 3% of cases) and powerful determination that leads to:
- Conciliation: This is a mandatory, voluntary resolution process where the EEOC acts as an intermediary to help you and your employer reach a settlement without going to court.
- Right-to-Sue Letter: If conciliation fails, you receive a strict 90-day window to file a lawsuit in federal court.
Filing a Complaint Through MNOSHA
The Minnesota Occupational Safety and Health Administration (MNOSHA) handles certain types of employment retaliation, particularly when workers report safety violations or refuse dangerous tasks.
- Filing Deadline: You must file within 30 days of the retaliation.
How to File a Complaint with MNOSHA
You can file the MNOSHA complaint through one of the following methods:
- Online: Via the Minnesota Department of Labor and Industry website.
- By Phone: Call the MNOSHA compliance office at 651-284-5051.
- By Mail: By submitting the official complaint form.
What Happens After Filing
MNOSHA will review your complaint for jurisdiction and investigate the retaliation. Because MNOSHA has a strict 30-day filing deadline, they act quickly to issue findings or enforcement actions if laws are violated.
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EEOC vs. MDHR vs. MNOSHA: What’s the Difference?
| Feature | EEOC (Federal) | MDHR (Minnesota) | MNOSHA (Safety) |
|---|---|---|---|
| Primary Law | Title VII, ADA, ADEA | MN Human Rights Act | MN OSHA Statutes |
| Employer Size | 15+ Employees | 1+ Employee | Any Size |
| Filing Deadline | 300 Days | 1 Year | 30 Days |
| Key Outcome | Reasonable Cause / Right-to-Sue | Probable Cause | Citations / Orders |
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Frequently Asked Questions
Can I File An Employment Discrimination Complaint Anonymously?
No, you cannot file an employment discrimination complaint anonymously. To investigate, the agency must disclose your identity to the employer so they can respond. However, retaliation for filing is illegal and creates a separate legal claim.
What Evidence Is Needed To Support An Employment Discrimination Claim?
The evidence needed to support an employment discrimination claim includes a clear timeline of events, copies of discriminatory emails/texts, and positive performance reviews that were issued before the discrimination began.
Do I Need A Lawyer To File A Discrimination Complaint With MDHR or EEOC?
You do not need a lawyer to start the process. However, if you receive a Probable Cause finding or a Right-to-Sue letter, a lawyer is essential to negotiate a high-value settlement or navigate a lawsuit.
Can I File With Both MDHR and EEOC at The Same Time?
Yes. With the October 2025 policy changes, you should now file with both agencies independently to ensure you are protected by both state and federal law.
What to Do After Filing
If you’ve received a probable cause finding or a right-to-sue letter from the MDHR or EEOC, your case is ready for the next level. Our experienced Minnesota employment lawyers at Madia Law LLC can help you move forward with confidence.
Call us at 612-349-2729 or schedule your consultation today to protect your rights and your future.
Call 612-349-2729 or complete a Case Evaluation form
