The Minnesota Supreme Court recently reaffirmed the use of the familiar McDonnell Douglas burden-shifting framework to analyze claims of retaliation under Minnesota law, despite the ask by the plaintiff-appellant and amici to abolish using that framework. The court also affirmed the requirement that employees show evidence of an employer’s intent to unlawfully retaliate against employees before allowing whistleblower claims to go to trial. (Hanson v. State of Minnesota, No. A20-0747, Apr. 6, 2022).
Factual Background
The plaintiff, an official of the Minnesota Department of Natural Resources (DNR), had been staying at a casino hotel on the Bois Forte Indian Reservation. Once at the hotel, she claims to have heard a baby “incessantly crying,” apparently unattended, and noticed what she believed was a prostitution ring operating out of the room next to hers. While investigating the situation, the plaintiff peered out of her room into the hallway while unclothed. Later, with clothing on, she spoke to two men who she described as appearing to her to be either johns or pimps near the same room.
The plaintiff reported these incidents to hotel management. Hotel security and the hotel manager investigated the neighboring room and found that everything was secure and the child was safe. The hotel manager also updated the plaintiff regarding these findings. Nevertheless, the plaintiff called 911, identified herself as a “state official,” asked for a “safe escort” from the hotel, and...
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