Minnesota Human Rights Act Civil Rights Complaint

MINNESOTA HUMAN RIGHTS ACT CIVIL RIGHTS COMPLAINT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties
4. Jurisdiction and Venue
5. Administrative Exhaustion / Election of Remedies
6. Factual Allegations
7. Count I — Discrimination in Violation of MHRA (Minn. Stat. § 363A.08)
8. Count II — Reprisal in Violation of MHRA (Minn. Stat. § 363A.15)
9. Count III — Aiding and Abetting (Minn. Stat. § 363A.14)
10. Count IV — Parallel Federal Claim (Title VII / § 1981 / § 1983 / FHA / ADA)
11. Damages
12. Prayer for Relief
13. Demand for Trial by Jury
14. Reservation of Rights
15. Signature and Service Blocks
16. Verification
17. Acknowledgment Under Minn. Stat. § 549.211
18. Certificate of Service
19. Minnesota Practice Notes
20. Sources and References

1. CAPTION

STATE OF MINNESOTA

DISTRICT COURT

COUNTY OF [________________________________]

[________________________________] JUDICIAL DISTRICT

Court File No. [________________________________]

Case Type: Civil — Other / Discrimination

COMPLAINT AND DEMAND FOR JURY TRIAL

2. INTRODUCTION

Plaintiff brings this action under the Minnesota Human Rights Act, Minn. Stat. ch. 363A, and parallel federal civil-rights statutes, to redress unlawful discrimination, harassment, and reprisal that Defendants directed against Plaintiff because of Plaintiff's [PROTECTED CLASS — e.g., race / sex / sexual orientation / gender identity / disability / age / national origin / religion / marital status / status with regard to public assistance / familial status]. Plaintiff seeks treble compensatory damages, equitable relief, civil penalties, attorney's fees, and punitive damages as authorized by Minn. Stat. §§ 363A.29 and 363A.33.

3. PARTIES

3.1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an adult resident of [CITY], [COUNTY] County, Minnesota, and is a member of the protected class(es) of [PROTECTED CLASS(ES)] within the meaning of Minn. Stat. § 363A.03.

3.2. Defendant [EMPLOYER / RESPONDENT NAME] ("[SHORT NAME]") is a [corporation / limited liability company / partnership / political subdivision] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. [SHORT NAME] is an "employer," "place of public accommodation," "owner," "real estate broker," "educational institution," or "public service" within the meaning of Minn. Stat. § 363A.03.

3.3. At all relevant times, [SHORT NAME] employed [NUMBER] or more employees, satisfying the MHRA's employer definition under Minn. Stat. § 363A.03 subd. 16, which extends to employers with one or more employees for most provisions of chapter 363A.

3.4. Defendant [INDIVIDUAL NAME] ("[SHORT NAME]") is an adult resident of [COUNTY / STATE] who, at all relevant times, served as [TITLE] of [EMPLOYER] and personally engaged in, directed, aided, abetted, or ratified the unlawful practices alleged herein. Defendant [INDIVIDUAL NAME] is sued in both individual and official capacities under Minn. Stat. § 363A.14.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction over this action under Minn. Const. art. VI, § 3, Minn. Stat. § 484.01, and Minn. Stat. § 363A.33 subd. 1.

4.2. This Court has personal jurisdiction over Defendants because Defendants reside in, transact business in, and committed the unlawful acts alleged herein within the State of Minnesota. Minn. Stat. § 543.19.

4.3. Venue is proper in [COUNTY] County under Minn. Stat. § 542.09 because the cause of action arose in this county and one or more parties reside in this county.

4.4. The amount in controversy exceeds the jurisdictional minimum for the District Court and exceeds $50,000, exclusive of interest, costs, and attorney's fees.

5. ADMINISTRATIVE EXHAUSTION / ELECTION OF REMEDIES

5.1. [ALTERNATIVE A — Filed a Charge:] On [DATE], Plaintiff filed a verified charge of discrimination with the Minnesota Department of Human Rights ("MDHR"), Charge No. [NUMBER], alleging the same discriminatory practices set forth herein. The MDHR [issued a notice of right to sue / dismissed the charge / failed to act within 45 days] on [DATE], and this Complaint is filed within 90 days of that notice as required by Minn. Stat. § 363A.33 subd. 1.

5.2. [ALTERNATIVE B — Direct Action:] Plaintiff has elected, as expressly authorized by Minn. Stat. §§ 363A.04 and 363A.33 subd. 1, to bring this civil action directly without first filing an administrative charge with the MDHR. This Complaint is timely under Minn. Stat. § 363A.28 subd. 3, having been commenced within one year of the most recent occurrence of the unlawful practices alleged herein.

5.3. To the extent any federal claim alleged in Count IV is subject to administrative exhaustion (e.g., Title VII or ADA Title I), Plaintiff timely filed a charge with the U.S. Equal Employment Opportunity Commission on [DATE], EEOC Charge No. [NUMBER], and received a Notice of Right to Sue dated [DATE]. This action is filed within 90 days of receipt of that notice.

6. FACTUAL ALLEGATIONS

6.1. Plaintiff was [hired / engaged / admitted / accepted as a tenant / served as a customer] by [DEFENDANT] on or about [DATE] as [POSITION / RELATIONSHIP].

6.2. At all material times, Plaintiff performed the duties and obligations of that role in a satisfactory manner and met the legitimate expectations of [DEFENDANT].

6.3. Plaintiff is and was a member of one or more classes protected by the MHRA, namely [PROTECTED CLASS(ES)], and Defendants knew of Plaintiff's protected status.

6.4. Beginning on or about [DATE], Defendants subjected Plaintiff to a series of adverse and discriminatory actions because of Plaintiff's protected status, including, without limitation:

• [ADVERSE ACTION 1 — e.g., termination, demotion, denial of housing, denial of accommodation, denial of services, harassment, hostile environment];
• [ADVERSE ACTION 2];
• [ADVERSE ACTION 3].

6.5. The above actions were not based on legitimate, nondiscriminatory reasons. Similarly situated individuals outside Plaintiff's protected class(es) were treated more favorably under materially identical circumstances. By way of example: [COMPARATOR FACTS].

6.6. Defendants' stated reasons for the adverse actions are pretextual, as evidenced by [EVIDENCE OF PRETEXT — e.g., shifting explanations, deviation from policy, contemporaneous discriminatory remarks, statistical disparities].

6.7. Plaintiff opposed Defendants' unlawful practices by [PROTECTED ACTIVITY — e.g., complaining to HR on (date), filing an internal grievance, filing an MDHR charge, refusing to participate in unlawful conduct]. Following that protected activity, Defendants retaliated by [RETALIATORY ACTS].

6.8. As a direct and proximate result of Defendants' unlawful conduct, Plaintiff has suffered, and continues to suffer, lost wages and benefits, lost earning capacity, out-of-pocket expenses, emotional distress, mental anguish, humiliation, damage to reputation, and other compensable harms.

7. COUNT I — DISCRIMINATION IN VIOLATION OF MHRA (Minn. Stat. § 363A.08)

7.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 6.8 above.

7.2. The MHRA prohibits discrimination in [employment / housing / public accommodations / public services / education / credit] on the basis of, inter alia, race, color, creed, religion, national origin, sex, gender identity, sexual orientation, marital status, status with regard to public assistance, disability, age, and familial status. Minn. Stat. §§ 363A.08–363A.13.

7.3. Defendants' conduct described above constitutes an "unfair discriminatory practice" within the meaning of Minn. Stat. § 363A.08 (and, as applicable, §§ 363A.09, 363A.11, 363A.12, 363A.13) because Defendants [refused to hire / discharged / discriminated in terms and conditions / refused to rent / denied services / failed to accommodate] Plaintiff because of Plaintiff's protected status.

7.4. To the extent applicable, Plaintiff requested reasonable accommodation for Plaintiff's [disability / religious practice] on [DATE], and Defendants failed to engage in a good-faith interactive process and refused to provide a reasonable accommodation in violation of Minn. Stat. § 363A.08 subd. 6.

7.5. Defendants' conduct was intentional, willful, malicious, and/or done with deliberate disregard for Plaintiff's rights protected by the MHRA.

7.6. As a direct and proximate result of the foregoing violations, Plaintiff has suffered damages as set forth in Section 11 below, recoverable in an amount up to three times Plaintiff's actual damages pursuant to Minn. Stat. § 363A.29 subd. 4.

8. COUNT II — REPRISAL IN VIOLATION OF MHRA (Minn. Stat. § 363A.15)

8.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 7.6 above.

8.2. Minn. Stat. § 363A.15 makes it an unfair discriminatory practice for any person to "intentionally engage in any reprisal against any person because that person … opposed a practice forbidden under this chapter or has filed a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter."

8.3. Plaintiff engaged in protected activity, as set forth in Paragraph 6.7, by [OPPOSITION OR PARTICIPATION].

8.4. Defendants knew of Plaintiff's protected activity and, because of it, took materially adverse action(s) against Plaintiff, including [ADVERSE ACTIONS], that would dissuade a reasonable person from engaging in protected activity.

8.5. A causal connection exists between Plaintiff's protected activity and Defendants' adverse actions, as evidenced by close temporal proximity and [OTHER CAUSAL EVIDENCE].

8.6. Defendants' reprisal proximately caused Plaintiff the damages set forth in Section 11 below.

9. COUNT III — AIDING AND ABETTING (Minn. Stat. § 363A.14)

9.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 8.6 above.

9.2. Minn. Stat. § 363A.14 makes it an unfair discriminatory practice to "intentionally aid, abet, incite, compel, or coerce a person to engage in any of the practices forbidden by this chapter."

9.3. Defendant [INDIVIDUAL NAME], with knowledge of the discrimination and reprisal directed at Plaintiff, intentionally aided, abetted, encouraged, ratified, or directed the unlawful practices, and is therefore individually liable under § 363A.14.

10. COUNT IV — PARALLEL FEDERAL CLAIM

10.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 9.3 above.

10.2. Defendants' conduct also violates [42 U.S.C. § 2000e-2 (Title VII) / 42 U.S.C. § 1981 / 42 U.S.C. § 1983 / 42 U.S.C. § 3604 (FHA) / 42 U.S.C. § 12112 (ADA)] by [discriminating against / failing to accommodate / retaliating against] Plaintiff on the basis of [PROTECTED CLASS].

10.3. Plaintiff is entitled under federal law to compensatory damages, punitive damages (where authorized), back pay, front pay, equitable relief, and reasonable attorney's fees and costs pursuant to [42 U.S.C. § 2000e-5(g) and (k); 42 U.S.C. § 1988; 42 U.S.C. § 3613].

11. DAMAGES

11.1. Compensatory Damages. Plaintiff has sustained, and continues to sustain, actual damages including lost wages, lost benefits, lost earning capacity, out-of-pocket expenses, emotional distress, mental anguish, humiliation, loss of professional reputation, and loss of enjoyment of life, all in an amount to be proven at trial but not less than $[AMOUNT].

11.2. Treble Compensatory Damages (MHRA). Pursuant to Minn. Stat. § 363A.29 subd. 4 (and § 363A.33 subd. 6), Plaintiff is entitled to compensatory damages, including damages for mental anguish or suffering, "in an amount up to three times the actual damages sustained."

11.3. Civil Penalty. Pursuant to Minn. Stat. § 363A.29 subd. 4(a)(2), Plaintiff seeks an order requiring Defendants to pay a civil penalty to the State of Minnesota.

11.4. Punitive Damages. Plaintiff reserves the right to move to amend the Complaint, pursuant to Minn. Stat. § 549.191, to add a claim for punitive damages capped at $25,000 under Minn. Stat. § 363A.29 subd. 4(a)(4) and § 549.20, upon a prima facie showing of "deliberate disregard for the rights or safety of others." Punitive damages on the federal claim(s) are not subject to the MHRA cap.

11.5. Attorney's Fees and Costs. Plaintiff is entitled to reasonable attorney's fees and costs under Minn. Stat. § 363A.33 subd. 7, and under any applicable federal fee-shifting statute, including 42 U.S.C. §§ 1988, 2000e-5(k), and 3613(c)(2).

11.6. Equitable Relief. Plaintiff is entitled to reinstatement, hiring, promotion, training, policy reform, removal of disciplinary records, and other equitable relief as the Court deems just under Minn. Stat. § 363A.29 subd. 5.

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in Plaintiff's favor and against Defendants, jointly and severally, as follows:

• A. Declaring that Defendants' acts and practices violate the Minnesota Human Rights Act and applicable federal civil-rights statutes;
• B. Permanently enjoining Defendants and their agents from engaging in further unlawful discrimination and reprisal;
• C. Awarding Plaintiff compensatory damages in an amount to be proven at trial, trebled under Minn. Stat. § 363A.29 subd. 4;
• D. Awarding Plaintiff punitive damages up to $25,000 under Minn. Stat. § 363A.29 subd. 4(a)(4) and § 549.20 (upon leave to amend), and uncapped punitive damages on parallel federal claims as authorized by law;
• E. Awarding Plaintiff back pay, front pay, lost benefits, and reinstatement or instatement;
• F. Ordering Defendants to pay civil penalties to the State of Minnesota under Minn. Stat. § 363A.29 subd. 4;
• G. Awarding Plaintiff reasonable attorney's fees, expert fees, and costs under Minn. Stat. § 363A.33 subd. 7 and 42 U.S.C. §§ 1988, 2000e-5(k), and 3613(c)(2);
• H. Awarding pre-judgment and post-judgment interest as allowed by law (Minn. Stat. § 549.09); and
• I. Granting such other and further relief as the Court deems just and equitable.

13. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Minn. R. Civ. P. 38.01 and the Seventh Amendment to the United States Constitution.

14. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint, pursuant to Minn. R. Civ. P. 15 and Minn. Stat. § 549.191, to add a claim for punitive damages and/or to add additional parties or claims as discovery may reveal.

15. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Minn. Atty. Reg. No. [####]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, MN ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

16. VERIFICATION

STATE OF MINNESOTA

COUNTY OF [________________________________]

I, [PLAINTIFF NAME], being first duly sworn upon oath, depose and state that I am the Plaintiff in the above-entitled action; that I have read the foregoing Complaint and know the contents thereof; and that the facts stated therein are true to my own knowledge, except as to those matters stated upon information and belief, and as to those, I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [_______________])

17. ACKNOWLEDGMENT UNDER MINN. STAT. § 549.211

The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. § 549.211 to the party against whom the allegations in this pleading are asserted.

[________________________________]

[ATTORNEY NAME], Counsel for Plaintiff

18. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [_______________], 20[____], I served the foregoing COMPLAINT AND DEMAND FOR JURY TRIAL upon Defendants pursuant to Minn. R. Civ. P. 4 by [personal service / acknowledged service / other authorized means] at the following addresses:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY / PROCESS SERVER NAME]

19. MINNESOTA PRACTICE NOTES

• ☐ One-year MHRA limitations period. Minn. Stat. § 363A.28 subd. 3 imposes a strict one-year statute of limitations from the "occurrence" of the discriminatory practice. This is markedly shorter than the federal 300-day EEOC filing window for Title VII / ADA / ADEA claims and the four-year § 1981 limitations period. Calendar all deadlines on intake and confirm whether a continuing-violation theory applies.

• ☐ Tolling during ADR. Section 363A.28 subd. 3 expressly suspends the limitations period during pendency of voluntary dispute resolution, mediation, or grievance procedures under a collective bargaining agreement. Document each tolling event.

• ☐ Election of remedies. A plaintiff may pursue (a) an MDHR administrative charge under § 363A.28, or (b) a direct civil action under § 363A.33. The same operative facts cannot be re-litigated in both forums; a final MDHR adjudication on the merits may bar a parallel civil action.

• ☐ Treble compensatory damages. Minn. Stat. § 363A.29 subd. 4(a)(1) authorizes courts (and ALJs) to award compensatory damages "in an amount up to three times the actual damages sustained." This is a multiplier on actual damages — including emotional distress — and is in addition to back pay, front pay, and other equitable relief. Plead it expressly.

• ☐ Punitive damages — $25,000 cap. Minn. Stat. § 363A.29 subd. 4(a)(4) (and § 363A.33 subd. 3) caps MHRA punitive damages at $25,000 and incorporates the § 549.20 "deliberate disregard" clear-and-convincing standard. Punitive claims must be added by motion to amend under § 549.191 with prima facie evidentiary support; do NOT plead in the initial complaint. Federal-law punitive damages (e.g., Title VII, § 1981, § 1983, FHA) are not subject to the MHRA cap and may exceed it.

• ☐ Employer threshold. The MHRA reaches employers with one or more employees for most provisions (§ 363A.03 subd. 16) — substantially broader than Title VII (15) or the ADEA (20). Pleading a Minnesota-only claim against a small employer may be the only viable avenue.

• ☐ Protected classes. The MHRA's protected-class catalog includes race, color, creed, religion, national origin, sex (including pregnancy), gender identity, sexual orientation, marital status, disability, age, status with regard to public assistance, familial status (housing), local human-rights commission activity, and (in housing) source-of-income protections under local ordinances.

• ☐ Individual liability. Unlike Title VII, the MHRA imposes individual liability for aiding-and-abetting and reprisal. § 363A.14; § 363A.15. Name supervisors and decisionmakers when supported by the facts.

• ☐ Reasonable accommodation. Disability and religious-accommodation duties under § 363A.08 subd. 6 require an interactive process; document accommodation requests, employer responses, and Plaintiff's continued ability to perform essential functions.

• ☐ Jury demand. Demand within the Complaint or within 10 days after the last pleading directed to the issue (Minn. R. Civ. P. 38.02).

• ☐ Federal-claim removal risk. Pleading federal counts subjects the case to removal under 28 U.S.C. § 1441. If state forum is strategically preferred, consider pleading the MHRA only and reserving federal claims (mindful of preclusion).

• ☐ EEOC dual-filing. Minnesota maintains an EEOC work-sharing agreement; an MDHR charge generally cross-files with the EEOC. Effective October 1, 2025, the MDHR has advised that complainants seeking to preserve federal workplace-discrimination rights should separately file with the EEOC. Confirm current practice at intake.

• ☐ Acknowledgment under § 549.211. Minnesota requires every pleading to include the § 549.211 acknowledgment (see Section 17). Omission can result in the pleading being stricken on the opponent's motion.

20. SOURCES AND REFERENCES

• Minn. Stat. § 363A.08 (Unfair employment practices) — https://www.revisor.mn.gov/statutes/cite/363A.08
• Minn. Stat. § 363A.09 (Unfair housing practices) — https://www.revisor.mn.gov/statutes/cite/363A.09
• Minn. Stat. § 363A.11 (Public accommodations) — https://www.revisor.mn.gov/statutes/cite/363A.11
• Minn. Stat. § 363A.14 (Aiding and abetting) — https://www.revisor.mn.gov/statutes/cite/363A.14
• Minn. Stat. § 363A.15 (Reprisal) — https://www.revisor.mn.gov/statutes/cite/363A.15
• Minn. Stat. § 363A.28 (Filing of charges) — https://www.revisor.mn.gov/statutes/cite/363A.28
• Minn. Stat. § 363A.29 (Hearing; remedies) — https://www.revisor.mn.gov/statutes/cite/363A.29
• Minn. Stat. § 363A.33 (Civil actions) — https://www.revisor.mn.gov/statutes/cite/363A.33
• Minn. Stat. § 549.20 (Punitive damages) — https://www.revisor.mn.gov/statutes/cite/549.20
• Minn. Stat. § 549.191 (Punitive damages — amendment procedure) — https://www.revisor.mn.gov/statutes/cite/549.191
• Minn. Stat. § 549.211 (Sanctions/acknowledgment) — https://www.revisor.mn.gov/statutes/cite/549.211
• Minnesota Rules of Civil Procedure — https://www.revisor.mn.gov/court_rules/cp/
• Minnesota Department of Human Rights — https://mn.gov/mdhr/
• Goins v. West Group, 635 N.W.2d 717 (Minn. 2001) (MHRA gender-identity)
• Cummings v. Koehnen, 568 N.W.2d 418 (Minn. 1997) (sexual harassment under MHRA)
• Hubbard v. United Press Int'l, Inc., 330 N.W.2d 428 (Minn. 1983) (MHRA proof structure)
• Ray v. Miller Meester Adver., Inc., 684 N.W.2d 404 (Minn. 2004) (treble damages discretion)
• Phelps v. Commonwealth Land Title Ins. Co., 537 N.W.2d 271 (Minn. 1995) (MHRA reprisal)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. A Minnesota-licensed attorney must review and customize this document before filing. Citations, deadlines, and procedural rules change; verify all authorities at https://www.revisor.mn.gov and https://mn.gov/mdhr before use.