Under Minnesota law, a hostile work environment exists when harassment based on a protected characteristic is serious enough to affect working conditions. Protected characteristics include things like race, sex, pregnancy, disability, religion, national origin, age and sexual orientation.
“Severe or pervasive” is not a special category of extreme harassment. It is the legal standard courts use for hostile work environment claims. Other workplace claims, such as retaliation or quid pro quo harassment, can be illegal even if the behavior does not qualify as severe or pervasive.
What Does “Severe” Mean?
“Severe” usually refers to one very serious incident. A single event can be enough if it is extreme. For example:
- A supervisor using a racial slur toward you
- A sexual assault or unwanted physical contact
- A threat tied directly to your gender, religion or disability
The law does not require repeated abuse if the incident is serious enough on its own.
What Does “Pervasive” Mean?
“Pervasive” means ongoing or repeated behavior. This could include:
- Repeated sexual comments after you asked the person to stop
- Regular racist jokes in meetings
- Ongoing mocking of your disability
- A pattern of excluding you because of your religion or age
It does not have to happen every day, but the behavior must be more than an isolated comment or minor disagreement for it to qualify as pervasive.
What Does Not Qualify?
Not every unpleasant workplace situation is illegal harassment. For example:
- A boss who is generally rude to everyone
- Personality conflicts
- One off-color joke that never happens again
- Discipline that is not connected to a protected characteristic
The key question is whether the behavior is tied to who you are and serious enough to affect your ability to work.
Is Your Word Enough?
Testifying under oath is important evidence, but cases are stronger when claims are based on more than just your memory. Helpful evidence can include:
- Emails, texts or Slack messages
- Voicemails
- Screenshots
- Witnesses who saw or heard what happened
- Written complaints you made to HR
- Notes you kept with dates and details
- Changes in performance reviews after you complained
If something is happening repeatedly, writing down dates and what was said can matter later.
Where Do You Go for Help in Minnesota?
Most employees start internally by reporting to HR or a supervisor. If the person harassing you is your supervisor, you may need to go higher in the chain of command.
If the company does not fix the problem, you can file a charge with the Minnesota Department of Human Rights (MDHR) or the Equal Employment Opportunity Commission (EEOC).
There are deadlines. In many cases, you have up to 300 days to file a charge, but waiting can make evidence harder to gather.
What Can You Recover?
Hostile work environment claims are civil cases, not criminal cases. Possible remedies may include:
- Emotional distress damages
- Policy changes at the company
- Attorney’s fees
If you were fired, demoted, denied promotions, had your hours cut or were forced to quit because conditions became intolerable, you may be eligible for:
- Lost wages
- Reinstatement
In serious situations involving assault or threats, criminal charges could also apply, but that is separate from a workplace harassment claim.
Do Harassers Face Consequences?
The employer is often the main party held responsible, and they may be required to pay damages or change policies.
Harassers often face professional consequences because:
- Businesses typically don’t like being dragged into legal cases that damage their reputation and cost them money
- Employers want to avoid a repeat of the same event in the future
In Minnesota, supervisors may sometimes face individual liability in certain situations, but every case is unique.
What Should You Do If You Think You’re Experiencing Harassment at Work?
- Document what is happening
- Save messages and emails
- Follow your company’s complaint process
- Avoid quitting before you understand your rights
- Speak with an employment attorney if the behavior continues or if you are disciplined after reporting it
The phrase “severe or pervasive” does not mean you have to endure extreme abuse before taking action. It means the behavior must be serious enough, or repeated enough, to change your working conditions.
If you believe you are experiencing a hostile work environment in Minnesota, speaking with an employment attorney can help you understand whether your situation meets the legal standard and what steps make sense next.
A referral counselor at the Minnesota Lawyer Referral and Information Service (MNLRIS) can help connect you with a qualified local employment lawyer. Call (612) 752-6699 or use our self-referral service to get started.
