New MN DHS Policy: Must Justify Hiring White Or Male Candidates In Underrepresented Roles

ST. PAUL, MN — A new policy from the Minnesota Department of Human Services (DHS) will change how hiring decisions are made when job categories show a lack of diversity.

"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 policy states.

"Hiring justifications must be submitted to and approved by DHS Equal Opportunity and Access Division (EOAD) prior to an offer of employment being made."

Here are five things to know about the change, which goes into effect Aug. 12.

• Hiring justifications are now required in certain cases

DHS hiring supervisors must now "provide a hiring justification when seeking to hire a non-underrepresented candidate when hiring for a vacancy in a job category with underrepresentation."

That justification must be submitted and approved before any offer is made.

• It only applies in job categories with underrepresentation

The new rule kicks in only when there’s an underrepresentation of certain protected groups in a job category.

DHS defines underrepresented as when "the FTE (full-time equivalent) representation of one or more protected groups is less than that group’s estimated availability in the relevant geographic area and labor force."

Protected groups include women, people with disabilities, and individuals who are Black, Hispanic, Asian, or Pacific Islander, American Indian, or Alaska Native.

• Hiring managers must interview underrepresented candidates

If three or more underrepresented candidates are in the interview pool, hiring supervisors “must offer interviews to at least three” of them. DHS adds: "Offering more than three underrepresented candidates interviews [is encouraged], as time constraints allow."

• Managers must give "objective reasons" for their choice

If a non-underrepresented candidate is chosen, hiring managers must document “objective reasons for selecting a non-underrepresented candidate over the most qualified underrepresented candidate.”

These reasons can include minimum or preferred qualifications, interview scores, references, or background check results.

• You can’t hire without approval first

The new policy states that "Hiring supervisors cannot make an offer of employment to a non-underrepresented candidate…before a hiring justification is approved."

Offers made before approval may result in delays or denials.