Practice Area

Sexual Orientation & Gender Identity

The summaries below explain federal and Minnesota employment laws in everyday language. They are general information only, not legal advice. Every situation is different. If you believe your rights have been violated, talk to an employment attorney about the facts of your case.

Federal law. For decades, most courts said Title VII did not protect gay or transgender workers. That changed in 2020, when the U.S. Supreme Court decided Bostock v. Clayton County. The Court held that firing someone for being gay or transgender is discrimination "because of sex" and violates Title VII. As the Court put it, an employer who fires a person merely for being gay or transgender defies the law. The Supreme Court has also held that same-sex sexual harassment is illegal under Title VII.

Minnesota law. Minnesota was ahead of federal law. The Minnesota Human Rights Act has expressly prohibited sexual orientation discrimination since 1993, and 2024 amendments now separately protect gender identity. Minnesota courts have also recognized same-sex harassment claims. There are limited exceptions for certain religious organizations — but a religious organization's ordinary business activities are still covered by the law.

These summaries reflect the law as described in current legal reference materials and are provided for general education. Laws change, deadlines are strict, and small facts can make a big difference. If you have questions about your specific situation, begin a free case evaluation to discuss your situation.

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