By: James B. Sherman, Esq. & Chad A. Staul, Esq.
The Minnesota Human Rights Act (MHRA), unlike its federal counterpart (Title VII), allows employees to seek monetary compensation from individuals (such as supervisors, managers, executives and company decision-makers) for actions they might have taken in aiding and abetting a violation of this law. The question of what it means to "aid and abet" a violation of the MHRA has been outstanding for decades with little to no explanation being provided in the law itself, by the Department of Human Rights which administers the law, nor the courts - until now.
That dearth of information available for people to understand their potential (individual) liability just became a bit clearer. In a recent case, Matthews v. Eichorn Motors, Inc. et al., A10-2095 (Minn. Ct. App., July 11, 2011), the Court of Appeals stated, "a person will be liable for aiding and abetting a violation of the MHRA when that person knows that another person's conduct constitutes a violation of the MHRA and 'gives substantial assistance or encouragement to the other so to conduct himself.'" In other words, an employee suing individuals for discrimination violations under the MHRA must show that an individual defendant both knew of and assisted in furthering the violation of this law. If the plaintiff can do so, the courts may find the individual liable for damages under the MHRA under the theory that they aided and abetted a violation of the Act.
Ultimately, the standard set in this case should make it more difficult for plaintiffs to establish liability against individuals under this law. Employers are advised to train supervisory personnel on this new standard as training on employment laws, legal responsibilities, etc., is key to decreasing the risk of future legitimate discrimination lawsuits. Further, although it is now clear that knowledge of a violation alone is not enough under this standard, managers and others involved in the day-to-day operations of the business who become aware of violations should investigate and take any appropriate corrective action to resolve the matter.
