The U.S. Department of Justice (DOJ) has opened an investigation into Minnesota’s Department of Human Services (DHS) over a hiring policy that may break federal anti-discrimination laws.
The DOJ’s Civil Rights Division announced the probe on Thursday, focusing on a DHS rule that requires supervisors to justify hiring a candidate who is not from an underrepresented group when filling certain positions. The federal government is looking into whether Minnesota has been following a “pattern or practice” of discrimination based on race or sex through this policy.
Assistant Attorney General Harmeet Dhillon, who leads the DOJ’s Civil Rights Division, wrote to Minnesota Attorney General Keith Ellison, saying the rule could be part of a larger effort by the state to use race- and sex-based preferences in hiring under the banner of affirmative action. “I have authorized a full investigation,” Dhillon said in the letter.
The Policy Under Scrutiny
The policy, first introduced in 2002, was updated recently and became a formal, standalone rule on August 12. It is meant to ensure the state meets its affirmative action goals, which aim to make the government’s workforce more diverse and reflective of the communities it serves.
According to the policy, if a job is considered underrepresented — meaning fewer people from certain protected groups are in those roles than what’s expected in the local labor force — supervisors must follow strict guidelines before hiring someone outside those groups.
Protected groups listed in the policy include:
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Women
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People with disabilities
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Black, Hispanic, Asian, and Pacific Islander communities
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American Indians or Alaska Natives
Before offering a job in such roles to someone not in these groups, hiring managers must first get approval from the department’s Equal Opportunity and Access Division. If they fail to do so, the hiring process could be delayed, denied, or even lead to disciplinary action such as termination.
Additionally, if there are at least three candidates from underrepresented groups applying for a position, hiring managers must interview at least three of them. And if the chosen candidate is not from an underrepresented group and is picked over someone more qualified who is, the hiring team must explain the decision using objective reasons — such as qualifications, interview scores, references, and background checks.
DOJ’s Concerns
The DOJ is concerned that these hiring practices may violate federal laws that protect people from discrimination based on race and sex. While affirmative action policies are allowed in some forms, the DOJ is examining whether Minnesota’s approach goes too far and unfairly limits opportunities for individuals who are not part of protected groups.
At this stage, the investigation is still in the early stages. The DOJ has made it clear that no final decisions or findings have been made yet. Investigators plan to meet with Minnesota officials to better understand the policy and its implementation.
A spokesperson for Attorney General Keith Ellison said he would not comment on the case and referred all questions to the Department of Human Services.
Conclusion
This investigation is part of a growing national debate around affirmative action and whether such policies fairly balance diversity goals with individual rights. The outcome of this case could influence how public agencies across the country design and enforce hiring policies in the future. For now, Minnesota’s hiring rule remains in place, but the DOJ’s investigation may lead to changes depending on its findings.
