Filing a Workplace Harassment Complaint in Minnesota
Reviewed by DocDraft Legal Team - Minnesota - Last updated September 15, 2026
In most states the state agency deadline sits in front of a longer court deadline, so missing the first one leaves something behind. Minnesota is not built that way. Minn. Stat. 363A.28, subd. 3(a) says a claim of an unfair discriminatory practice "must be brought as a civil action pursuant to section 363A.33, subdivision 1, filed in a charge with a local commission pursuant to section 363A.07, subdivision 3, or filed in a charge with the commissioner within one year after the occurrence of the practice." One year, three routes, one clock. Let the year pass and the lawsuit is gone along with the charge. You are not required to go to the Minnesota Department of Human Rights at all. Minn. Stat. 363A.33, subd. 1 lets a person bring a civil action seeking redress for an unfair discriminatory practice directly to district court. But the choice is not symmetrical. Going to the agency first keeps court available, because Minn. Stat. 363A.04 makes the administrative procedure exclusive only "while pending," and 363A.33, subd. 1(3) lets you end that pendency 45 days after the charge is filed. Going to court first shuts the agency, and under 363A.33, subd. 3 no charge may be filed or reinstituted after a civil action on the same practice has been brought unless that action was dismissed without prejudice. Coverage is as simple as any definition in the country. Minn. Stat. 363A.03, subd. 16 reads in full: "Employer means a person who has one or more employees." There is no headcount floor, no calendar-week counting rule and no in-state qualifier, so a Minnesotan at a two-person employer has a full state claim where federal Title VII would need 15 employees. If what you are facing includes physical assault, threats, or stalking, contact emergency services and speak with an attorney rather than starting with a complaint form. Attorney review is available if you want a second set of eyes before you file.
Find out where you stand in Minnesota
Where are you with the harassment complaint?
DocDraft provides document preparation, not legal advice.
How long do I have to file a workplace harassment complaint in Minnesota?
One year. Minn. Stat. 363A.28, subd. 3(a) requires a claim of an unfair discriminatory practice to be brought as a civil action, filed in a charge with a local commission, or filed in a charge with the commissioner within one year after the occurrence of the practice. The same one year applies whichever of the three routes you choose. The federal EEOC charge deadline runs on its own clock of 180 days from the last incident of harassment, extended to 300 days where a state or local agency enforces a law prohibiting the same discrimination, so confirm the federal window with the EEOC directly.
Is the Minnesota one-year deadline just for the agency, or does it cover my lawsuit too?
Both, and this is the fact most worth carrying away. The one year period in Minn. Stat. 363A.28, subd. 3(a) is written across all three routes, including a civil action brought directly under 363A.33, subd. 1. There is no longer court deadline sitting behind the agency deadline the way there is in many states. If the year runs out, you have lost the charge and the lawsuit at the same moment.
Do I have to file with the Minnesota Department of Human Rights before I can sue?
No. Minn. Stat. 363A.33, subd. 1 provides that the commissioner or a person may bring a civil action seeking redress for an unfair discriminatory practice directly to district court, with no charge required first and no right-to-sue letter to collect. Federal law is different, and a Title VII claim still requires an EEOC charge first. Remember that going straight to court does not extend the one year period.
One year covers the charge and the lawsuit alike here, so letting the year run closes both doors at the same moment.
The Minnesota deadline is one year, and it is one deadline rather than two. Minn. Stat. 363A.28, subd. 3(a) applies the same one year period to a direct civil action, to a charge with a local commission, and to a charge with the commissioner of human rights. Because there is no longer court deadline waiting behind the agency deadline, missing the year closes the courthouse as well as the agency. Treat the anniversary of the conduct as the hard date in your case.
Relevant Laws
Minn. Stat. 363A.28, subd. 3(b): Dispute Resolution Suspends the Year
The one year period is suspended while the parties are voluntarily engaged in a dispute resolution process involving a discrimination claim, including arbitration, conciliation, mediation, or a collective bargaining grievance procedure. A respondent that participates and fails to notify the department cannot raise the limitations defense.
Minn. Stat. 363A.28, subd. 4: First Application to a New Person
The first application of an unfair discriminatory practice, employment policy, or seniority system to a new person establishes a basis for the filing of a claim by that person.
Minn. Stat. 363A.33, subd. 1: Direct Civil Action, No Charge Required
The commissioner or a person may bring a civil action seeking redress for an unfair discriminatory practice directly to district court. Minnesota issues no right-to-sue letter because none is needed to start.
Minn. Stat. 363A.04: Agency Exclusivity Lasts Only While the Charge Is Pending
The administrative procedure is exclusive while pending, and the rights and remedies provided are in addition to, and do not preclude, those available at law or in equity.
Minn. Stat. 363A.03, subd. 16: One Employee Makes an Employer
Employer means a person who has one or more employees. There is no calendar week counting rule and no in-state headcount qualifier, so Minnesota reaches employers that federal Title VII, with its 15 employee threshold, does not.
Regional Variances
How Minnesota differs
The clock runs from the occurrence of the practice.
The clock runs from the occurrence of the practice. The statute says one year after the occurrence, and it adds no discovery language, no reference to the date you were fired, and no express rule for a pattern of conduct spread over time. This guide does not take a position on how a continuing course of harassment is treated, because the statute does not answer it. Keep a dated log of every incident and ask a Minnesota employment lawyer before counting from a later date.
Two statutory rules can extend or protect the year
Two statutory rules can extend or protect the year, and both are worth knowing. Under Minn. Stat. 363A.28, subd. 3(b) the running of the one year period is suspended while a potential charging party and respondent are voluntarily engaged in a dispute resolution process involving a discrimination claim, including arbitration, conciliation, mediation, grievance procedures under a collective bargaining agreement, or a school board sexual harassment or sexual violence policy. An employer that takes part in such a process and fails to notify the department is barred from raising the limitations defense at all. Under subd. 4, the first application of an unfair discriminatory practice, employment policy, or seniority system to a new person establishes a basis for a claim by that person.
You do not have to file a charge before
You do not have to file a charge before suing in Minnesota. Minn. Stat. 363A.33, subd. 1 allows the commissioner or a person to bring a civil action seeking redress for an unfair discriminatory practice directly to district court. There is no right-to-sue letter to collect first. The one year deadline still applies to that direct action, so filing straight in court buys you no extra time.
Suggested Compliance Checklist
Minn. Stat. 363A.33, subd. 3: Suing First Closes the Department
See your deadline days after startingNo charge may be filed or reinstituted with the commissioner after a civil action relating to the same unfair discriminatory practice has been brought, unless that action has been dismissed without prejudice. On receipt of the summons and complaint the commissioner terminates all proceedings on the charge.
Minnesota Department of Human Rights: 90 Days After a Dismissal or No Probable Cause Notice
See your deadline days after startingWhere the commissioner dismisses the charge or determines there is no probable cause, the civil action must be brought within 90 days of receipt of that notice, and receipt is presumed five days after mailing.
Minn. Stat. 363A.03, subd. 16: One Employee Makes an Employer
See your deadline days after startingEmployer means a person who has one or more employees. There is no calendar week counting rule and no in-state headcount qualifier, so Minnesota reaches employers that federal Title VII, with its 15 employee threshold, does not.
Minn. Stat. 363A.08, subd. 2: Protected Characteristics at Work
See your deadline days after startingRace, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, membership or activity in a local commission, disability, sexual orientation, and age. Sex includes pregnancy, childbirth, and related disabilities under 363A.03, subd. 42.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Minn. Stat. 363A.33, subd. 3: Suing First Closes the Department | No charge may be filed or reinstituted with the commissioner after a civil action relating to the same unfair discriminatory practice has been brought, unless that action has been dismissed without prejudice. On receipt of the summons and complaint the commissioner terminates all proceedings on the charge. | - | See your deadline |
| Minnesota Department of Human Rights: 90 Days After a Dismissal or No Probable Cause Notice | Where the commissioner dismisses the charge or determines there is no probable cause, the civil action must be brought within 90 days of receipt of that notice, and receipt is presumed five days after mailing. | - | See your deadline |
| Minn. Stat. 363A.03, subd. 16: One Employee Makes an Employer | Employer means a person who has one or more employees. There is no calendar week counting rule and no in-state headcount qualifier, so Minnesota reaches employers that federal Title VII, with its 15 employee threshold, does not. | - | See your deadline |
| Minn. Stat. 363A.08, subd. 2: Protected Characteristics at Work | Race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, membership or activity in a local commission, disability, sexual orientation, and age. Sex includes pregnancy, childbirth, and related disabilities under 363A.03, subd. 42. | - | See your deadline |
Frequently Asked Questions
Only while the charge is pending, and you can end that. Minn. Stat. 363A.04 says the administrative procedure is exclusive while pending and that the rights and remedies it provides are in addition to those available at law or in equity. Minn. Stat. 363A.33, subd. 1(3) then lets you bring a civil action 45 days after the charge was filed, where no hearing has been held and no conciliation agreement has been signed, provided you notify the commissioner and commence the action within 90 days after giving that notice.
The agency route closes and generally does not reopen. Minn. Stat. 363A.33, subd. 3 provides that no charge shall be filed or reinstituted with the commissioner after a civil action relating to the same unfair discriminatory practice has been brought, unless the civil action has been dismissed without prejudice, and that on receipt of the summons and complaint the commissioner shall terminate all proceedings in the department relating to the charge. Filing at the agency first is reversible after 45 days; filing in court first is not.
Ninety days from receipt of the notice, and receipt is presumed five days after mailing. That applies to a dismissal and to a determination of no probable cause. It is a much shorter window than the underlying one year period and it starts by presumption rather than by anything you do, so calendar it the day the notice arrives and speak to a Minnesota employment lawyer promptly if you intend to continue.
Yes. Minn. Stat. 363A.28, subd. 3(b) suspends the running of the one year limitation period while a potential charging party and respondent are voluntarily engaged in a dispute resolution process involving a claim of unlawful discrimination, including arbitration, conciliation, mediation, grievance procedures under a collective bargaining agreement, or a school board sexual harassment or sexual violence policy. The provision also bars a respondent that took part in such a process and failed to notify the department from raising the limitations defense. Keep records of when any internal or contractual process started and ended.
Yes. Minn. Stat. 363A.03, subd. 16 defines employer as a person who has one or more employees, and that is the entire definition. There is no minimum headcount, no 20 week counting rule, and no requirement that a set number of employees work in Minnesota. Federal Title VII needs 15 employees, so a worker at a two-person Minnesota business can have a full state claim and no federal claim at all.
Minn. Stat. 363A.03, subd. 43 defines sexual harassment to include unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, where the conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creating an intimidating, hostile, or offensive employment environment. The word communication is in the statute alongside conduct. The statute does not address where the conduct occurs, so this guide does not make a claim about off-site or social media conduct either way.
Minn. Stat. 363A.08, subd. 2 lists race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, membership or activity in a local commission, disability, sexual orientation, and age. Status with regard to public assistance and membership or activity in a local commission go beyond federal law, and the Minnesota age protection has no floor of 40 in the definition. Marital status is defined at 363A.03, subd. 24 to include, in employment cases, protection based on the identity, situation, actions, or beliefs of a spouse or former spouse.
Other Minnesota guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.