Minnesota MDHR Employer Charge Response

The situation

Lars, 48, owns a commercial cleaning company in Minneapolis, Nordic Clean LLC, 12 employees, $1.8M annual revenue. In February 2026 Lars received a Charge of Discrimination from the MDHR: a former employee alleges Lars fired her because of her disability (Type 2 diabetes) and her sex (she was the only woman on the cleaning crew). The charge names specific dates, Lars claims he fired her because she missed 14 shifts without notice in a 3-month period.

Lars has 30 days to file a written Response to Charge with MDHR.

What Lars doesn't know: (a) Nordic Clean has 12 employees, so MHRA covers him for disability claims at 1+ employee, he's clearly covered; for sex discrimination it's 15+ employees, but at 12 employees he's BELOW the 15-employee MHRA threshold for sex discrimination specifically, which is an immediate partial defense. (b) His attendance policy (if he has one in writing) is his most important document, if he has a documented progressive discipline policy that was consistently applied, the attendance-based discharge is a legitimate nondiscriminatory reason. (c) The former employee filed only with MDHR, not EEOC, since October 2025, charges no longer automatically cross-file, so Lars may only face MDHR, not a separate EEOC charge.

Who receives this

Minnesota small employers (1–50 employees) in manufacturing, retail, food service, construction, healthcare staffing, and service businesses receiving an MDHR Charge of Discrimination for disability, age, sex, race, religion, or national origin. Primary segment: employers with 1–15 employees who are covered for disability/age but may be below the 15-employee threshold for other MHRA classes.

Why the agency will not advise you

MDHR cannot advise respondent employers on how to draft a Response to Charge contesting its own investigation. MDHR's employer resources page provides general compliance information, not response strategy. The January 2025 MNMSBA workshop guide is a PDF for seminars, not an interactive tool. Employment defense attorneys charge $4k–$10k for MDHR response representation. The October 2025 cross-filing change creates a new category of employers who must now navigate MDHR-specific requirements without being able to rely on EEOC-parallel procedures.

Key facts, with sources

• Minnesota MDHR processes approximately 2,000–3,000 charges of discrimination per year. The MHRA covers employers with 1+ employee for disability and age claims, and 15+ employees for other protected classes, making virtually every Minnesota employer subject to MHRA exposure for disability claims. When a charge is filed, MDHR serves the employer with the charge and requires a written Response to Charge within 30 days (extendable to 60 days). Employers do not need an attorney to file the Response, but most small employers don't know what a compliant response looks like. Source: I Received a Minnesota Department of Human Rights Charge…Now What? — Gislason & Hunter LLP · Guide to Responding to Discrimination Charges (January 2025) — MN Small Business Association
• As of October 1, 2025, the MDHR and EEOC no longer automatically cross-file charges. Employees who previously filed with either agency received automatic dual filing; now they must file separately with each. This change means Minnesota employers can face simultaneous MDHR + EEOC charges requiring two separate responses with different formats, deadlines (MDHR: 30 days; EEOC: 30–60 days depending on charge handling priority), and different legal standards (MHRA vs. Title VII). Source: Frequently Asked Questions — Minnesota Department of Human Rights · Employer Resources — Minnesota Department of Human Rights

When to bring in a professional

Self-serve responses fit routine cases: clear facts, amounts a business can absorb, and a deadline still ahead of you. Bring in a licensed professional when the amount at stake is large relative to their fee, the facts are genuinely disputed, criminal exposure is possible, or the deadline has already passed. A short paid consultation to sanity-check your plan is often worth it even when you handle the filing yourself.

All sources for this guide

1. I Received a Minnesota Department of Human Rights Charge…Now What? — Gislason & Hunter LLP
2. Guide to Responding to Discrimination Charges (January 2025) — MN Small Business Association
3. Frequently Asked Questions — Minnesota Department of Human Rights
4. Employer Resources — Minnesota Department of Human Rights