Employment Law Matters

May 5, 2016

HR Complaint Process May Toll the Running of the MHRA's Statute of Limitations

Generally, claims under the Minnesota Human Rights Act (MHRA) are subject to a one year statute of limitations. However, that limitations period may be extended by the period of time that the parties are voluntarily engaged in a dispute resolution process involving a claim of unlawful discrimination under the MHRA. In a decision issued this week, the Minnesota Court of Appeals found that the time spent by an employer's human resources department investigating a complaint of discrimination may extend the time available to a complainant to file a charge of discrimination or commence litigation under the MHRA.

In Peterson v. City of Minneapolis, - - N.W.2d - -, 2016 WL 1724401 (Minn. App. May 2, 2016), the Minnesota Court of Appeals found that the employer's internal complaint process had the same essential elements as the dispute resolution processes that the legislature expressly included as tolling processes. For example, although the employer's internal complaint process was initiated unilaterally by one party----the employee's complaint to the human resources department----the court held that it "exists as a component of the voluntary employment relationship between the parties." Therefore, it complies with the statutory requirement that the process be one that both the employee and employer are "voluntarily engaged in." The court also explained that even though the primary purpose of the employer's internal complaint process was to eliminate harassment and discrimination in the workplace, the tolling provision was triggered because the employee's complaint involved a claim of unlawful discrimination under the MHRA.

Under certain circumstances, the Court of Appeals' decision in Peterson may expand the amount of time an employee has to bring a claim under the MHRA and make the expiration of the limitations period more difficult to predict.

If you have any questions about this or other workplace developments, please do not hesitate to contact me or another attorney in Meagher & Geer's Employment Law Group.

In the News

Construction Company Builds Successful Defense

Meagher & Geer attorneys Mary O'Brien and Jacalyn Chinander obtained full dismissal of all six claims asserted by a former employee against a Minnesota construction company. The former employee claimed that while working on a construction project in western North Dakota, she was discriminated against based on gender, sexual orientation, and sexual stereotypes. She also claimed discrimination with regard to her return-to-work and light-duty assignments following a workplace injury. A Hennepin County judge dismissed, without a trial, the discrimination claims brought under the Minnesota Human Rights Act, as well as claims of retaliatory discharge and failure to offer continued employment under the Minnesota Workers' Compensation Act.

The court ruled that the claims arising out of the former employee's work in North Dakota were barred by the statute of limitations and were not revived under the continuing violation theory asserted by the plaintiff. With regard to the post-injury claims, the court found no evidence that the former employee was treated differently or that the employer's return-to-work or light duty decisions were based on gender, sexual orientation, sexual stereotypes, or the filing of a workers' compensation claim.

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