Minnesota Employment Guide is a publication of Madgett Law, LLC. It is general information about Minnesota law, not legal advice, and reading it does not create an attorney-client relationship. Whether any of it applies to your job turns on facts this site cannot know. This is attorney advertising.

No statutory definition

Charge (Department of Human Rights)

The verified written complaint that starts an administrative case at the Minnesota Department of Human Rights — one of the three routes Minn. Stat. § 363A.28, subd. 3(a), allows, all subject to the same one-year deadline.

Nothing on this page is advice about your job, and no article can be. If you want your own facts looked at, a Minnesota employment attorney can do that — and several of the deadlines described on this site are short enough that waiting is itself a decision.

Also called: MDHR charge; discrimination charge; verified charge.

A charge filed with the commissioner must be in writing by hand, or electronically with an unsworn declaration under penalty of perjury, on a form provided by the commissioner and signed by the charging party. The charge must state the name of the person alleged to have committed an unfair discriminatory practice and set out a summary of the details of the practice complained of.

Minn. Stat. § 363A.28, subd. 1. Filing a charge with the commissioner is one of three routes. Subdivision 1 also allows a civil action under § 363A.33, subd. 1, and subd. 3(a) adds a charge with a local commission under § 363A.07, subd. 3 — each of the three must be taken “within one year after the occurrence of the practice.” The two charge routes are an either/or: under § 363A.07, subd. 3, “[t]he exercise of such choice in filing a charge with one agency shall preclude the option of filing the same charge with the other agency.” The person who files is the “charging party,” defined at § 363A.03, subd. 5. The commissioner serves the charge within ten days; the respondent answers within 30. Chapter 363A does not define “charge”: § 363A.03 defines “charging party” at subdivision 5, and § 363A.28, subdivision 1, prescribes the form a charge must take without defining the term.

Where this comes up

Was my firing illegal?