I prefer to write about an experience with my current employer. I will explain what the legal issue was, summarize the claim, and offer details of how human resources professionals may play a role in preparing for and dealing with these types of situations.
What was the Legal Issue?.
The legal issue is discrimination prohibited by Minnesota Statute Chapter 363.03. The Human Rights Act, Minnesota's comprehensive civil rights law, declares that certain types of differential treatment are unfair discriminatory practices. Any person claiming to have been aggrieved by an unfair discriminatory practice may file a charge with the Department of Human Rights. .
A discrimination claim under the Human Rights Act proceeds as follows: (1) first, the plaintiff must establish a prima facie case of discrimination; (2) second, the burden then shifts to the employer to articulate a nondiscriminatory reason for its action; (3) finally, the plaintiff must then prove by a preponderance of the evidence that the reason is merely a pretext for discrimination. .
Summary of the Case.
A black female, originally from Sierra Leone, was employed by Walker Methodist Health Center (hereinafter "Walker") from August 5, 2002 to October 14, 2002, most recently as an LPN. She claimed: throughout her employment she was subject to discriminatory treatment and that her race, national origin and her complaint of discrimination were factors in Walker's actions; she was treated differently compared to similarly situated white employees regarding disciplinary action; and the harassment escalated after she complained about her manager's decision to institute an "English-only rule" in the department. .
The other side of this case is Walker's position.
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