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Justice Department Opens Title VII Probe of Minnesota Hiring Justification Policy

The Civil Rights Division has launched an investigation to determine if Minnesota’s supervisor justification rule for non-underrepresented hires violates federal anti-discrimination law.

Attorney General Pam Bondi, left, listens as President Donald Trump, right, speaks during a cabinet meeting at the White House, Tuesday, July 8, 2025, in Washington. (AP Photo/Evan Vucci)
Attorney General Pam Bondi testifies during a Senate Appropriations Committee hearing on the President's Fiscal Year 2026 Budget on Capitol Hill, Wednesday, June 25, 2025, in Washington. (AP Photo/Mariam Zuhaib)
Attorney General Pam Bondi speaks to the media, Friday, June 27, 2025, in the briefing room of the White House in Washington, as President Trump looks on. (AP Photo/Manuel Ceneta)
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Overview

  • On July 10, the Civil Rights Division informed Minnesota Attorney General Keith Ellison and DHS leaders that it has opened a Title VII investigation into the department’s hiring justification policy.
  • The policy requires supervisors to explain any decision to hire a non-underrepresented candidate in roles where protected groups are underrepresented and threatens disciplinary action up to termination for noncompliance.
  • The Civil Rights Division’s Employment Litigation Section will assess whether Minnesota engages in a pattern or practice of unlawful discrimination under Title VII of the Civil Rights Act.
  • State officials, including DHS interim commissioner Shireen Gandhi, assert the policy complies with state and federal law and point to a Minnesota statute from 1987 that mandates such justifications.
  • The probe follows other administration actions targeting state DEI initiatives, including civil rights reviews of university hiring and legal challenges to Minnesota’s tuition benefits for undocumented immigrants.