How to File a Workplace Sexual Harassment Complaint with the Minnesota Department of Human Rights

Experiencing sexual harassment in the workplace is overwhelming and isolating. Whether you work in a corporate office in Minneapolis, a retail store in Duluth, or a manufacturing plant in Rochester, you have strong legal protections. In Minnesota, you do not have to suffer in silence. You can take action by filing a formal complaint under the Minnesota Human Rights Act (MHRA). Navigating state and federal agencies can be complex, but understanding the steps empowers you to seek justice and compensation.

The MHRA vs. the Federal EEOC

Victims of workplace harassment generally have two main avenues for filing an administrative claim: the state route via the Minnesota Department of Human Rights, St. Paul or the federal route via the Equal Employment Opportunity Commission, Minneapolis (EEOC). Effective October 1, 2025, the MDHR and the EEOC no longer automatically cross-file charges. Workers seeking to protect their rights under both state and federal law must file separately and independently with each agency within the applicable deadlines.

The federal 42 U.S.C. § 2000e et seq. law only applies to employers with 15 or more employees. However, under Minn. Stat. § 363A.08, the Minnesota Human Rights Act applies to employers of all sizes-meaning even if you work for a small local business with just two employees, you are fully protected under state law against gender-based discrimination and harassment.

Deadlines for Filing with the MDHR

Time is of the essence when it comes to employment claims. Under Minn. Stat. § 363A.28, you have exactly one year (365 days) from the date of the last incident of sexual harassment to file a formal charge of discrimination with the MDHR. If you also choose to pursue federal claims with the EEOC, the deadline is shorter-typically 300 days under 42 U.S.C. § 2000e-5. Because automatic cross-filing has ended, you must independently file with both agencies before their respective deadlines expire. Missing a deadline usually means you lose your right to sue the employer under that statute forever, so it is critical to consult a lawyer from our directory immediately to preserve your rights.

Step-by-Step Process to File Your Claim

Filing a complaint involves a structured administrative process. Here is how a typical case unfolds in Minnesota:

Step 1: Submit an Inquiry

The first step is submitting an initial inquiry to the MDHR. You will provide a summary of the harassment, who was involved, and the dates it occurred. You can submit this information online through the MDHR Consultation Inquiry Form or by contacting the agency's intake helpline directly.

Step 2: Formalizing the Charge

If the agency determines they have jurisdiction over your claim, an investigator will draft a formal Charge of Discrimination. You will review this document, sign it under oath, and the MDHR will serve it on your employer. Your employer will then be required to submit a written response detailing their side of the story.

Step 3: What Happens During an MDHR Investigation

Once the employer responds, the investigation begins. The investigator from the Minnesota Department of Human Rights, St. Cloud (or your nearest regional office) will gather evidence. This may involve subpoenaing company emails, requesting personnel files, and interviewing witnesses or co-workers. They will look for proof of a hostile work environment or 'quid pro quo' harassment (e.g., demanding sexual favors for a promotion).

Step 4: Mediation and Conciliation

Before a final determination is made, the MDHR often offers mediation. This is a voluntary process where a neutral mediator attempts to help you and your employer reach a financial settlement. If mediation fails, the investigation concludes with a determination of either 'Probable Cause' (meaning the agency believes harassment occurred) or 'No Probable Cause.'

How to Request a Right to Sue Letter in MN

Unlike federal Title VII claims where an EEOC Right to Sue letter is a mandatory prerequisite, Minnesota law does not require exhaustion of administrative remedies. Under Minn. Stat. § 363A.33, subd. 1, you may bypass the MDHR entirely and file a civil lawsuit directly in a state court, such as the Hennepin County District Court, Minneapolis, within one year of the discriminatory act.

If you choose to file an administrative charge with the MDHR first, you do not need to wait for a state 'Right to Sue' letter to proceed to court. Under Minn. Stat. § 363A.33, subd. 1(3), once your charge has been pending with the MDHR for at least 45 days (provided no hearing has been scheduled and no conciliation agreement reached), you may serve a written notice of intention to bring a civil action on the Commissioner and the respondent. You must then commence your lawsuit within 90 days after giving that notice. Furthermore, under Minn. Stat. § 363A.33, subd. 1(1) and Minn. Stat. § 363A.33, subd. 1(2), if the MDHR dismisses your charge or reaffirms a finding of no probable cause, you have 90 days from receiving notice to file your lawsuit in district court.

How Much Does it Cost and How Long Does it Take?

Filing a complaint directly with the MDHR or the EEOC is completely free of charge. However, administrative investigations can take 12 to 18 months to complete due to agency backlogs. Because of this delay, many victims work with a private employment lawyer (who typically works on a contingency fee) to file an administrative charge, submit a 45-day notice of intention to sue under state law, or obtain an EEOC Right to Sue notice to move the dispute directly into court and accelerate resolution.

Frequently Asked Questions (FAQ)