By: Chad A. Staul, Esq.

A recent Ramsey County District Court case has decided, for the first time, that the Minnesota Department of Human Rights (MDHR) cannot disclose certain personal information during its investigation of employers for potential violations of the Minnesota Human Rights Act (MHRA).

On July 9, 2010, a Ramsey County District Court Judge stated that the MDHR should not have disclosed to the media and on its website the name of an employee accused of harassing a student believed to be homosexual. In this case, the student brought a charge against the employer, not the individual employee whose name was disclosed. The employee argued, and the Judge agreed, that the MHRA prevents the MDHR from disclosing the names of anyone except for the complainant and the respondent.

What does this mean? It means employers being investigated by the MHDR may be able to better safeguard certain types of information during an investigation by preventing the MDHR from disclosing it. The specific limitations on information disclosure set forth by the Judge are not entirely known as the district court file is currently under seal and an appeal of this decision is likely.

Wessels Sherman will keep you updated on the progression of this important case as the outcome will most certainly affect how employers may respond and react during a MDHR investigation.

Contact any Wessels Sherman attorney in the Minneapolis office to discuss questions regarding this subject.