DOJ sues Minnesota over affirmative action policy in state hiring

The Department of Justice (DOJ) has sued Minnesota for its affirmative action policy for state hiring. Weeks after the alleged state fraud with Somali-run day care and centers in Minnesota, the DOJ's Civil Rights Division is seeking to challenge the affirmative action policy implemented by Tim Walz, which asks all state agencies to implement affirmative action plans based on sex and race.

The lawsuit has already been filed in the U.S. District Court for the District of Minnesota. The DOJ alleged that this policy "discriminates, limits, and classifies employees and prospective employees on the basis of race and sex" in violation of Title VII of the Civil Rights Act of 1964.

"Because staffing is a zero-sum game. when Minnesota gives preferences to employees or prospective employees on the basis of their race, color, national origin, and sex, it inevitably and necessarily discriminates against other employees or prospective employees because of their race, color, national origin, and sex," reads the text of the lawsuit.

The lawsuit remarks that the current measures generate that supervisors and personnel managers have to justify in writing why they hire a person who does not belong to an "underrepresented" racial or gender group, thus disadvantaging those who, according to their criteria, do not belong to this group.

"From suing over sanctuary city policies to a wide-ranging fraud investigation, today's lawsuit is the Department of Justice's latest effort to bring Minnesota into compliance with federal law," Attorney General Pam Bondi said via a statement released by the DOJ.

"Making hiring decisions based on immutable characteristics like race and sex is simple discrimination, and the Trump Administration has no tolerance for such DEI policies," it added. Bondi filed the case as a matter of public importance, which could quickly bring it before higher courts.

What does Title VII of the Civil Rights Act of 1964 say? According to this statute, employers are prohibited from discriminating on the basis of race, color, religion, sex or national origin in making employment decisions and working conditions. This applies to private companies as well as state and local governments.

"It shall be an unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin," reads Title VII of the aforementioned law.