An affirmative action hiring policy at the Minnesota Department of Human Services (DHS) is the subject of new scrutiny after Alpha News publicized details about the policy.
According to DHS documents, the agency is updating its “Hiring Justification” policy which requires DHS to justify whenever it hires a “non-underrepresented candidate” for a job where “underrepresentation” is said to exist.
NEW: “hiring justification” policy at DHS goes into effect next month.
“Hiring supervisors must provide a hiring justification when seeking to hire a non-underrepresented candidate… prior to an offer of employment being made.” pic.twitter.com/vAntCANfg5
— Liz Collin (@lizcollin) July 8, 2025
Alpha News first reported this week on a DHS memo which describes how the agency’s policy on this matter will be updated in August. The memo details how DHS will handle so-called “hiring justifications.”
“Hiring supervisors must provide a hiring justification when seeking to hire a non-underrepresented candidate when hiring for a vacancy in a job category with underrepresentation,” the memo says. “Hiring justifications must be submitted to and approved by DHS Equal Opportunity and Access Division (EOAD) prior to an offer of employment being made.”
According to the memo, “underrepresented” means the representation of “one or more protected groups” is below the group’s availability. The memo defines “protected group(s)” as “females, persons with disabilities, and members of the following minorities: Black, Hispanic, Asian or Pacific Islander, and American Indian or Alaskan native.”
The memo also includes a reminder about failure to comply with state policies: “Employees may be subject to disciplinary action, up to and including termination, for failure to comply with policies.”
On Tuesday, Alpha News posted screenshots of the memo on social media. Since then, state lawmakers have strongly criticized the policy.
Rep. Walter Hudson, R-Albertville, said the policy “is explicitly racist and likely violates constitutional protections.” Senate Minority Leader Mark Johnson, R-East Grand Forks, described the hiring policy as “DEI on steroids.”
“No one should face discrimination or extra hurdles to obtain a job because of their skin color, gender, [or] orientation. Government must hire the best candidate based on character, experience, and merits, period,” he said.
Assistant U.S. Attorney General Harmeet Dhillon simply stated: “Not legal.”
“DHS has had this policy requirement in place since 2002 and has issued an update to the policy effective Aug. 12, 2025,” the state agency told Alpha News. “Justification of non-affirmative action hires has been a requirement since 1987.”
Current law requires agencies that fail to meet their affirmative action goals to explain their reasoning whenever they make a nonaffirmative action hire, DHS said.
Further, DHS explained that the update to the hiring policy was issued to “match the agency’s current policy template and to clarify roles and responsibilities.”
Hayley Feland
Hayley Feland previously worked as a journalist with The Minnesota Sun, The Wisconsin Daily Star, and The College Fix. She is a Minnesota native with a passion for politics and journalism.
