The collective bargaining agreement between Minneapolis Public Schools (MPS) and the teacher’s union, Minneapolis Federation of Educators (MFE) has landed the district in hot water with the federal Department of Justice.
The filing claims that the school district is in violation of Title VII of the Civil Rights Act of 1964, and currently discriminates against teachers based on their race, color, national origin, and sex.
The claims of discrimination aren’t new, dating back to a 2022 collective bargaining agreement. A Minneapolis resident sued MPS over the employment policies in 2022, but the Minnesota Supreme Court dismissed that case in January of 2025. The court ruled that the resident lacked the appropriate standing to bring the suit. At the close of the proceedings, the resident’s legal team remarked that they would escalate the issue to the Department of Justice. They were apparently successful in doing so.
According to the lawsuit, MPS gives teachers of select “underrepresented” racial categories preferential treatment. Certain teachers considered racially “underrepresented” are exempt from layoffs, prioritized for reinstatement after layoffs, and exempt from being voluntarily reassigned. The lawsuit restates MPS’ definition of “underrepresented,” saying
“Underrepresented populations” is a proxy for a teacher’s race, color, or
national origin. Upon information and belief, “underrepresented populations” include
BIPOC individuals, otherwise known as black, indigenous, and people of color.
The bargaining agreement in question also prioritizes fellows from the local nonprofit Black Men Teach, granting them similar employment protections and extra paid training days. These benefits are not available to women or non-black teachers.
Additionally, the lawsuit argues that MPS’ practice of racial hiring quotas is discriminatory. The lawsuit notes that MPS is publicly trying to raise “BIPOC staffing… to at least 40% by 2026,” and that by 2026–2027, the district desires that at least “54.3 %” of new teacher hires “identify as Black, Indigenous, and People of Color (BIPOC).”
Members of the Civil Rights division commented on the lawsuit.
“Employers may not provide more favorable terms and conditions of employment based on an employee’s race and sex,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “The Department of Justice will vigorously pursue employers who deny their employees equal opportunities and benefits by classifying and limiting them based on their race, color, national origin, or sex.”
Attorney General Pamela Bondi also weighed in. “Discrimination is unacceptable in all forms, especially when it comes to hiring decisions. Our public education system in Minnesota and across the country must be a bastion of merit and equal opportunity — not DEI.”
MPS has offered no comment, as the district does not comment on pending litigation. According to the Sahan Journal, Marcia Howard, the president of the Minneapolis Federation of Educators, also declined to comment on the lawsuit. “Release the Epstein files, that’s all I’m saying,” she said.
The legality of the practice needs to be decided soon. MPS has begun a process towards school closure and consolidation, which would likely necessitate teacher layoffs. So far, the contract provision has not yet been triggered, as recent budget cuts and subsequent “excesses” (teacher dismissals) only impacted non-tenured teachers and did not legally count as layoffs.
There are currently other civil rights complaints in Minnesota regarding similar hiring practices, such as a recent civil rights complaint in Rochester. That complaint emphasized Rochester’s Grow Your Own program, which dispenses grant money for teacher training programs.
Grow Your Own programs are partnerships with the Minnesota Department of Education (MDE) designed to “prepare local community members…to teach in their communities” by subsidizing teacher preparation programs. MDE requires that at least 80 percent of the awarded funds for adults must be spent on candidates of color or Indigenous candidates. The Minnesota Department of Education is expected to spend $35 million in 2027 on Grow Your Own grants. Assuming that the Justice Department’s lawsuit against Minneapolis is successful, it’s likely that the Civil Rights division will then look critically on many Grow Your Own practices.
Are you a Minneapolis educator impacted by these policies? Please reach out to us for more discussion and potential resources at [email protected].
