HF5143

Purpose

This bill aims to repeal Minnesota’s affirmative action requirements for state agencies and roll back related rules and programs that currently guide diversity, equity, and inclusion in state employment and contracts. It shifts the focus to general nondiscrimination and merit-based hiring without the separate affirmative action framework that previously guided state agencies and contractors.

What the bill would do (overview)

• Repeal or remove key affirmative action laws, rules, and programs that apply to executive branch agencies, public contracts, and state-funded projects.
• Replace or modify the way equal employment opportunity is described in statute, removing some of the targeted diversity requirements and reporting obligations that previously existed.
• Eliminate state and agency-level structures that monitored, enforced, or funded affirmative action efforts, including certifications for contractors and annual progress reporting.
• Keep a broad nondiscrimination standard and merit-based hiring language, but remove many of the affirmative action administration and oversight mechanisms.

Main Provisions

• Section 1: Policy language and training

  • Keeps a general nondiscrimination principle: personnel actions should be based on ability to do the job, without regard to factors like age, race, sex, disability, etc.
  • States a policy that action should address underutilization of protected groups and support equal participation in social and economic life.
  • Requires training for managers and supervisors on bias in hiring and performance evaluation.
  • Clarifies that contracts governed by chapter 179A cannot modify or narrow this nondiscrimination/merit-based policy or related sections.

• Section 2: Repealer

  • Repeals specific statutes and rules that established and governed affirmative action programs, including:
  • 43A.02 subdivision 33 (definition of protected groups)
  • 43A.19 subdivisions (affirmative action provisions)
  • 43A.191, 363A.36, 363A.37, and 473.143 (affairs around affirmative action plans, certificates, and related enforcement)
  • Minnesota Rules parts 3905.0100–3905.0700 and 5000.3420 (implementation rules for affirmative action)
  • Repeals the definitions of protected groups and the statewide affirmative action program (and related agency plans, audits, sanctions, and incentives).
  • Eliminates requirements for agency-level affirmative action plans, disability recruitment/hiring provisions, and reporting.
  • Ends the system of certificates of compliance for public contracts and the related penalties or enforcement mechanisms.
  • Removes many requirements tied to contracts receiving state money, capital funding, or public contracts, including data reporting and compliance processes.

• Appendix and related sections

  • The appendix shows the repealed definitions and provisions that supported the affirmative action framework (e.g., definitions of protected groups and the detailed plan components).
  • In effect, the framework that once created and measured progress on diversity in state employment and in state-funded work would be removed.

Significant changes to existing law

• From “affirmative action programs” to general nondiscrimination
  • The detailed statewide and agency affirmative action programs, goals, timelines, audits, sanctions, and reporting would be removed.
  • Processes that previously ensured disability inclusion, targeted recruiting, and advancement of protected groups would be repealed.
• From contracted workforce certifications to voluntary compliance
  • The requirement that businesses have a workforce certificate or demonstrate compliance for contracts (especially over certain dollar thresholds) would be repealed.
• From formal oversight to merit/nondiscrimination baseline
  • Supervisors and managers would still be expected to avoid discrimination and to consider merit, but agencies would no longer operate under the formal affirmative action governance, monitoring, and public reporting system.
• Rules and data reporting
  • The history of reporting on protected-group hiring, annual progress, and public access to affirmative action data would be removed or substantially reduced.

Potential impacts and considerations

• Representation and recruitment
  • Possible reductions in targeted recruitment or programs designed to increase the hiring or advancement of members of protected groups.
• Accountability and transparency
  • Fewer formal, public reports on how agencies meet diversity or inclusion goals; less state-level oversight of affirmative action efforts.
• Contractors and state-funded projects
  • Contractors may face less mandatory oversight related to workforce diversity and compliance certifications on public contracts.
• Legal and policy context
  • While nondiscrimination language remains, the explicit affirmative action framework and its enforcement tools would be removed, potentially changing how equality goals are pursued in state work.

Relevant terms - affirmative action - protected groups - equal employment opportunity (EEO) - merit principles - nondiscrimination - agency affirmative action plans - disability employment / ADA - Rehabilitation Act - Americans with Disabilities Act - certificates of compliance (public contracts) - public contracts - state capital funding - workforce data reporting - audits and sanctions - Minnesota Rules parts 3905., 5000. - 43A.01, 43A.02, 43A.19, 43A.191, 363A.36, 363A.37, 473.143 - definitions of protected groups (e.g., females, persons with disabilities, races/ethnic groups) - preemployment review and goal units

Relevant Terms - affirmative action - protected groups - nondiscrimination - merit-based hiring - equal employment opportunity - agency affirmative action plans - certificates of compliance - public contracts - disabilities / ADA / Rehabilitation Act - reporting and audits - rules 3905 and 5000 - state capital funding - minority/human rights definitions - goals and timetables