Chapter: Which of the following is NOT considered a protected class under the Minnesota Human Rights Act? (EN)

Understanding Protected Classes and Anti-Discrimination Law

Anti-discrimination law seeks to protect individuals from unfair treatment based on certain characteristics. These characteristics, known as “protected classes,” are legally shielded from discriminatory practices in areas such as employment, housing, education, and public accommodations. The rationale behind this legal framework stems from principles of fairness, equality, and social justice, aiming to create a more equitable society by mitigating historical and systemic disadvantages faced by specific groups. The Minnesota Human Rights Act (MHRA) is the primary state law in Minnesota that prohibits discrimination.

The Minnesota Human Rights Act (MHRA)

The MHRA is a comprehensive piece of legislation designed to prevent and remedy discrimination within the state of Minnesota. It outlines specific protected classes and prohibits discriminatory practices based on these classifications. Understanding the scope of the MHRA and the specific classes it protects is crucial for ensuring compliance and promoting fair treatment for all individuals within the state.

Key Provisions of the MHRA

• Scope: The MHRA applies to various areas, including employment, housing, public accommodations, education, credit services, and other business practices.

• Enforcement: The Minnesota Department of Human Rights (MDHR) is responsible for enforcing the MHRA. Individuals who believe they have been discriminated against can file a complaint with the MDHR.

• Remedies: If discrimination is found, the MDHR can order various remedies, including compensatory damages, punitive damages, injunctive relief, and civil penalties.

Protected Classes Under the MHRA: A Detailed Examination

The MHRA explicitly lists several protected classes. Discrimination against individuals based on these characteristics is illegal under Minnesota law. Here’s a detailed breakdown:

1. Race: This includes ancestry, and ethnic origin. It protects individuals from discrimination based on their racial heritage and physical characteristics associated with race.

   • Scientific basis: Human genetic variation is complex and continuous. There are no distinct biological races. Race is a social construct, but the effects of racial discrimination are very real and scientifically measurable in terms of health disparities, socioeconomic outcomes, and access to opportunities.
   • Application: Refusing to hire someone because of their race is a direct violation of the MHRA.

2. Color: Discrimination based on skin pigmentation is prohibited. This is related to, but distinct from, race.

   • Scientific basis: Skin color is primarily determined by the amount and type of melanin in the skin. Melanin production is influenced by genetics and environmental factors (e.g., sun exposure).
   • Application: Denying housing based on skin tone constitutes illegal discrimination.

3. Creed: This refers to religious beliefs and practices. The MHRA protects individuals’ right to practice their religion without fear of discrimination.

   • Scientific basis: Religious belief is a complex cognitive and social phenomenon. Neurological studies using fMRI (functional Magnetic Resonance Imaging) have identified brain regions associated with religious experiences and beliefs.
   • Application: Firing an employee for observing a religious holiday violates the MHRA.

4. Religion: Similar to Creed, but may be interpreted more broadly to include a wider range of religious expression and affiliation.

5. National Origin: This protects individuals from discrimination based on their country of origin, ancestry, or cultural heritage.

   • Scientific basis: National origin relates to geographic location and cultural practices. Migration patterns and genetic admixture studies reveal the complex history of human populations and the diverse origins of individuals.
   • Application: Refusing service to someone due to their accent is discriminatory.

6. Sex: This includes gender, and also protects against sexual harassment. It covers discrimination based on an individual’s biological sex.

   • Scientific basis: Sex is determined by biological factors, including chromosomes, hormones, and reproductive anatomy. Differences in brain structure and function between sexes are observed, although the extent to which these differences influence behavior is a subject of ongoing research.
   • Application: Paying men and women differently for the same job violates the MHRA.

7. Marital Status: Discrimination based on whether someone is married, single, divorced, or widowed is prohibited.

   • Scientific basis: Social science research demonstrates that marital status can impact health outcomes, economic stability, and social support networks.
   • Application: Denying a promotion to someone because they are divorced is discriminatory.

8. Sexual Orientation: This protects individuals from discrimination based on their sexual attraction to others (e.g., homosexuality, heterosexuality, bisexuality).

   • Scientific basis: Sexual orientation is a complex interaction of genetic, hormonal, developmental, and social factors. Twin studies have demonstrated a genetic component to sexual orientation, although no single “gay gene” has been identified.
   • Application: Refusing to rent an apartment to a same-sex couple is illegal.

9. Disability: This covers physical, mental, and sensory impairments that substantially limit one or more major life activities.

   • Scientific basis: Disabilities encompass a wide range of conditions with varying etiologies and physiological effects. Advances in neuroscience, genetics, and medical imaging have enhanced our understanding of the biological basis of many disabilities.
   • Application: Failing to provide reasonable accommodations for an employee with a disability is discriminatory.

10. Public Assistance Status: This protects individuals from discrimination based on their reliance on public assistance programs such as food stamps or housing assistance.

    • Scientific Basis: Public assistance status is a socioeconomic indicator. Social science research examines the impact of poverty and welfare programs on individual and community well-being.
    • Application: Refusing to rent an apartment to someone because they receive public assistance.

11. Age: Discrimination based on age, particularly against individuals over 40, is illegal.

    • Scientific basis: Aging is a complex biological process characterized by cellular senescence, accumulation of DNA damage, and decline in physiological function. Gerontology is the scientific study of aging.
    • Application: Firing an older employee to hire a younger, cheaper worker violates the MHRA.

12. Familial Status: This protects families with children from housing discrimination.

    • Scientific basis: Familial structure and parental practices impact child development. Developmental psychology explores the factors influencing cognitive, social, and emotional growth in children.
    • Application: Refusing to rent an apartment to a family because they have children.

13. Gender Identity: Discrimination based on a person’s internal sense of being male, female, or another gender identity.

    • Scientific basis: Gender identity is a complex aspect of human psychology. While biological sex is determined by chromosomes and anatomy, gender identity is a person’s deeply felt sense of being male, female, or non-binary. Neuroimaging studies explore the neural correlates of gender identity.
    • Application: Refusing to hire a transgender person based on their gender identity is illegal.

14. Genetic Information: Discrimination based on genetic information is prohibited, including family medical history.

    • Scientific basis: Genetics is the study of heredity and variation in organisms. Advances in genomics have led to a better understanding of the role of genes in disease susceptibility and other traits. The Genetic Information Nondiscrimination Act (GINA) at the federal level also protects against genetic discrimination.
    • Application: Denying health insurance or employment based on a genetic predisposition to a disease.

15. Veteran Status: Discrimination against veterans is prohibited.

    • Scientific basis: Studies have shown that military service can have long-term physical and psychological effects on veterans. Research focuses on understanding and treating conditions such as PTSD (Post Traumatic Stress Disorder) and traumatic brain injury (TBI).
    • Application: Refusing to hire a qualified veteran based on their veteran status.

Examples of Characteristics NOT Protected Under the MHRA

While the MHRA is comprehensive, it does not cover every possible characteristic. Some examples of characteristics that are NOT explicitly protected classes under the MHRA (although other laws might provide some protection) include:

• Political Affiliation: While freedom of speech protects expressing political views, the MHRA does not specifically prohibit discrimination based solely on political affiliation.
• Physical Appearance (excluding aspects related to race, sex, disability, etc.): General attractiveness or height, unless related to a disability or another protected class, are generally not protected.
• Socioeconomic Status (beyond public assistance status): General financial status or economic background is not a protected class, unless it also falls under public assistance status,
• Education Level: Discrimination based solely on education level is not specifically prohibited under the MHRA.
• Criminal Record (with exceptions): While employers can consider criminal history, there are restrictions on when and how it can be used in hiring decisions to avoid disparate impact discrimination.
• Smoking Status: Discrimination based solely on whether someone smokes is generally not prohibited.

Disparate Impact and Exceptions

Even when a characteristic is not explicitly listed as a protected class, a policy or practice that disproportionately affects individuals in a protected class may still be considered discriminatory under the legal theory of “disparate impact.” Additionally, there are certain exceptions to the MHRA, such as bona fide occupational qualifications (BFOQs) that may allow for discrimination in specific, limited circumstances.

Scientific and Statistical Considerations

Determining whether discrimination has occurred often involves statistical analysis to assess whether there is a significant disparity in outcomes between different groups.

• Statistical Significance: A statistical test (e.g., t-test, chi-square test) can be used to determine whether an observed difference between two groups is likely due to chance or a real effect.

  • $t = \frac{\bar{x}_1 - \bar{x}_2}{s_p \sqrt{\frac{1}{n_1} + \frac{1}{n_2}}}$

    Where:

    • $\bar{x}_1$ and $\bar{x}_2$ are the sample means of the two groups
    • $s_p$ is the pooled standard deviation
    • $n_1$ and $n_2$ are the sample sizes of the two groups

• Regression Analysis: Multiple regression can be used to control for confounding variables and isolate the effect of a protected class on an outcome of interest.

  • $Y = \beta_0 + \beta_1 X_1 + \beta_2 X_2 + \epsilon$

    Where:

    • $Y$ is the dependent variable (e.g., salary)
    • $X_1$ is a variable representing a protected class (e.g., race)
    • $X_2$ is a control variable (e.g., education)
    • $\beta_1$ is the coefficient representing the effect of race on salary, controlling for education.
    • $\epsilon$ is the error term.

• Disparate Impact Analysis (80% Rule): A common metric used in disparate impact analysis is the “80% rule” or “four-fifths rule,” which states that a selection rate for any race, sex, or ethnic group which is less than four-fifths (4/5) or eighty percent (80%) of the rate for the group with the highest rate will generally be regarded by the Federal enforcement agencies as evidence of adverse impact.

  • $Impact Ratio = \frac{Selection\ Rate\ for\ Lower\ Group}{Selection\ Rate\ for\ Higher\ Group}$

    If the impact ratio is less than 0.8, it suggests potential disparate impact.

Conclusion

Understanding the protected classes under the MHRA is crucial for promoting fairness and preventing discrimination. While the MHRA provides broad protections, it does not cover all characteristics. Careful analysis and consideration of disparate impact principles are necessary to ensure compliance and promote a truly equitable environment.