DOJ Sues Minnesota Over Affirmative Action Policies, Harmeet Dhillon Calls Program “Unlawful Discrimination”
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| Photo credit: Gage Skidmore/CC BY-SA 2.0, via Flickr |
DOJ Sues Minnesota Over Affirmative Action Policies, Harmeet Dhillon Calls Program “Unlawful Discrimination”
Washington, D.C. — The U.S. Department of Justice on Wednesday filed a federal lawsuit against the state of Minnesota, challenging its affirmative action hiring policies and accusing state agencies of engaging in race- and sex-based discrimination.
The lawsuit, filed in U.S. District Court in Minnesota, seeks to dismantle the state’s affirmative action framework, arguing that it violates the Civil Rights Act of 1964 by giving preferential treatment based on race, color, national origin, and sex.
According to the Justice Department, Minnesota’s policies require state agencies to use demographic goals when hiring, which federal officials say unfairly disadvantages applicants who are not classified as part of an “underrepresented group.”
“When Minnesota gives preferences to employees or prospective employees on the basis of race or sex, it necessarily discriminates against others,” the DOJ said in a statement announcing the suit.
Assistant Attorney General Harmeet K. Dhillon, who leads the Justice Department’s Civil Rights Division, said the lawsuit represents the federal government’s most direct challenge yet to state-run affirmative action systems following the Supreme Court’s 2023 decision striking down race-based college admissions.
“For far too long, discrimination has been excused when it is labeled ‘affirmative action,’” Dhillon said. “There is no legal exception that permits employers to treat people differently based on race or sex.”
Attorney General Pamela Bondi echoed that position, saying the Trump administration is committed to eliminating diversity, equity, and inclusion policies that influence hiring decisions.
“Hiring based on race or sex is simple discrimination,” Bondi said. “This lawsuit is about bringing Minnesota into compliance with federal civil rights law.”
The Justice Department’s complaint alleges that Minnesota forces hiring managers to undergo additional procedural steps when selecting candidates who do not fall into designated underrepresented categories, effectively pressuring agencies to prioritize demographic outcomes over individual qualifications.
Minnesota officials sharply criticized the federal action. State Attorney General Keith Ellison previously described the DOJ’s investigation into Minnesota’s employment practices as “nonsense,” while Governor Tim Walz has accused the Trump administration of waging a sustained legal campaign against the state.
“This is another attack in what has become a daily battle with the federal government,” Walz said in recent remarks, noting that Minnesota has also filed suit against federal authorities over immigration enforcement operations.
The lawsuit follows a January 2025 executive order from President Donald Trump directing federal agencies to identify and eliminate what the administration calls “discriminatory and illegal” diversity initiatives across government and federally connected institutions.
Legal experts say the Minnesota case could become a landmark test of how far the federal government can go in challenging affirmative action policies at the state level. Bondi certified the case as a matter of “general public importance,” a designation that allows for expedited court review and a potential fast-track to the U.S. Supreme Court.
If successful, the lawsuit could have sweeping implications for state employment programs nationwide, potentially reshaping how public agencies approach hiring, promotion, and workforce diversity.
FAQs
Q1. Why did the DOJ sue the state of Minnesota?
The U.S. Department of Justice sued Minnesota alleging its affirmative action hiring policies use race- and sex-based preferences that violate the Civil Rights Act of 1964.
Q2. Who is leading the DOJ case against Minnesota?
The lawsuit is being led by Assistant Attorney General Harmeet K. Dhillon of the DOJ’s Civil Rights Division, with Attorney General Pamela Bondi authorizing the action.
Q3. What does the DOJ claim is illegal about Minnesota’s policies?
The DOJ claims Minnesota pressures agencies to meet demographic hiring goals, forcing managers to treat applicants differently based on race or sex.
Q4. What laws does the DOJ say Minnesota violated?
The lawsuit argues Minnesota’s practices violate Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination.
Q5. How is this connected to President Trump’s executive order?
The lawsuit follows Trump’s January 2025 executive order directing agencies to eliminate DEI and affirmative action policies that involve discriminatory preferences.
Q6. What has Minnesota’s response been?
Minnesota officials, including Governor Tim Walz and Attorney General Keith Ellison, have criticized the lawsuit and accused the Trump administration of politically motivated attacks.
Q7. Why is this case considered significant?
This is expected to be one of the first major federal lawsuits directly targeting a state’s affirmative action hiring system, potentially setting national precedent.
Q8. Could this case reach the Supreme Court?
Yes. The Attorney General certified it as a matter of general public importance, allowing for expedited review and possible direct appeal to the Supreme Court.
Q9. What could happen if the DOJ wins?
Minnesota could be forced to end its affirmative action hiring framework, and other states may face similar legal challenges.
Q10. How could this impact government hiring nationwide?
A ruling for the DOJ could significantly change how state and federal agencies design hiring practices, limiting or ending the use of demographic-based goals.
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