LGBTQ+ Employee Protections

January 21, 2025

Employment Discrimination

Trump Executive Orders on Gender Identity: Minnesota Law Protects Despite Federal Pushback

Workplaces should be defined by fairness and mutual respect, but recent shifts in federal policies have raised serious questions about the rights of employees, particularly those related to gender identity. On January 20, 2025, President Donald Trump signed executive orders that overturned key federal protections for gender identity, narrowing the definition of gender to immutable biological characteristics assigned at birth. This new directive has left many employees asking, “What does this mean for me, and what rights do I still have?”

The good news is Minnesota stands firm in its commitment to protecting gender identity under state law. Unlike the recent federal rollback, Minnesota’s Human Rights Act continues to uphold non-discrimination protections for employees related to gender identity. The federal government, under Trump’s executive orders, has shifted its stance, but Minnesota remains a safe haven for these protections. This post is here to break it all down for you—because no one should feel uncertain about their rights at work.

Read on for a clear overview of what’s changed federally, how Minnesota law operates independently, and guidance for navigating your legal protections.

Understanding Minnesota’s Self Assessed Gender Identity Protections

Minnesota is a leader in workplace equality, thanks to its progressive state laws. The Minnesota Human Rights Act (MHRA) offers significant protections by explicitly including “gender identity” as a protected class. Despite federal funding cuts under the Trump administration that have impacted protections in other states, Minnesota has maintained its strong stance on gender identity rights.

What Does This Mean?

Under the MHRA, it is illegal for employers to discriminate against employees based on their gender identity. Whether it’s hiring, promotions, termination, or workplace policies, discrimination against transgender and nonbinary employees is a violation of Minnesota law. Despite federal policies restricting updates to official government documents, Minnesota’s laws still protect these rights.

Protections You Can Count On:

Equal Employment Opportunities: Employers must provide the same opportunities to all employees, regardless of their gender identity. Despite federal funds being restricted for gender transition-related needs, Minnesota’s protections remain strong.

Workplace Neutrality: Policies and practices, including dress codes, must accommodate and respect gender diversity.

Anti-Harassment Standards: Employees are entitled to a harassment-free workplace. Any behavior that creates a hostile environment based on gender identity is against the law.

Importantly, these state protections ensure that Minnesotan employees retain critical rights at work—even as federal policies shift.

Federal vs. State Protections Post-Trump’s Executive Order

The January 2025 executive orders introduced significant rollbacks on LGBTQ+ rights previously expanded under the Biden administration by directing federal agencies to implement specific policies that overturn inclusivity measures. The Trump administration’s actions reflect a broader effort to redefine gender strictly as male and female. Here’s what the federal directive entails and how it contrasts with Minnesota’s stance.

Federal Changes:

  • Rescinded Key Protections: The executive order explicitly limited federal recognition of gender to male and female as assigned at birth, asserting that there are only two genders. This aligns with the administration’s stance against what it terms ‘gender ideology.’ Protections tied to gender identity in federal workplace policies, government documentation, and military service were stripped.

  • Restricted Workplace Flexibility: Employers are no longer federally required to accommodate gender transition-related needs, such as updated documentation or preferred pronouns.

  • Prohibited Advocacy: Federal agencies are restricted from promoting diversity, equity, and inclusion efforts, including those related to transgender workplace rights.

How Minnesota Sets Itself Apart:

Minnesota law remains unaffected by the federal rollback. While the executive order aims to influence federal workplace policies and federally regulated entities, state-level protections through the Minnesota Human Rights Act continue to enforce robust anti-discrimination measures for all workplaces within the state.

For Minnesotan employees, this means you are still legally protected against gender identity discrimination, regardless of the federal actions. This powerful state law underscores Minnesota’s dedication to fostering inclusive and equitable workplaces.

What Does This Mean for Employees?

If you’ve recently read about the federal executive order, it’s easy to feel unsure about what happens next. The impact of the order extends across the U.S., but here’s how it specifically affects employees in Minnesota: Federal policies also significantly influence public and private life for transgender individuals, shaping societal norms and personal experiences.

For Minnesotan Employees:

Thanks to the state’s Human Rights Act, your legal protections remain intact. Your employer is obligated to respect your gender identity, including any accommodations you require, and treat you fairly in all aspects of employment. That means federal shifts won’t diminish your rights—Minnesota’s law is here to ensure you feel secure in your workplace. While federal policies may dismiss self-assessed gender identity, Minnesota’s laws continue to protect these rights.

For Employees Nationwide:

The executive order could create challenges depending on your state. States without explicit protections for gender identity are at greater risk of enabling workplace discrimination. If you’re living outside of Minnesota, it’s essential to research your state’s laws and consider seeking legal advice to understand your rights. Additionally, federal policies also impact sexual orientation protections in states without explicit protections.

Concerns for Federally Regulated Workplaces:

Certain workplaces or industries regulated at the federal level (e.g., federal contractors or government institutions) may experience immediate policy changes as a result of the executive order. This could limit access to previously recognized accommodations like pronoun usage or gender transition policies. Federal policies are based on the fundamental and incontrovertible reality of only two sexes.

Navigating Your Legal Protections in Minnesota

If you’re working in Minnesota and have concerns about workplace discrimination related to gender identity, here’s what you can do to protect yourself:

While Trump’s executive order impacts federal protections by recognizing only two genders and directing federal agencies to cease promoting gender transition, it does not affect state protections in Minnesota.

1. Know Your Rights

The Minnesota Human Rights Act unequivocally protects you against discrimination and harassment based on gender identity. Familiarize yourself with these protections to understand what is and isn’t acceptable behavior in your workplace.

While federal policies under recent executive orders recognize only two sexes, Minnesota’s laws provide robust protections for gender identity.

2. Keep Records

Document any incidents of discrimination, harassment, or retaliation you experience at work. Include dates, times, statements, and people involved—these details are critical if you decide to take legal action.

3. Reach Out for Support

Organizations like OutFront Minnesota and the ACLU of Minnesota provide resources and guidance for LGBTQ+ employees. These groups can connect you with advocates, legal resources, and emotional support as you stand up for your rights.

4. Consider Legal Action

If you suspect your rights have been violated, contacting an experienced employment lawyer is one of the most effective steps you can take. They can evaluate your case, advise you on next steps, and help you hold your employer accountable.

At Wanta Thome, our award-winning legal team has successfully helped clients recover millions in compensation from discriminatory employers. We’re here to stand by your side and fight for your workplace rights every step of the way.

Stay Protected, Stay Empowered

Legal protections for gender identity are critical in ensuring fairness and equality in the workplace. While the recent federal executive order attempts to narrow these protections, Minnesota’s unwavering commitment to inclusivity through the Minnesota Human Rights Act reminds us that progress can prevail at the state level.

If you’ve experienced discrimination or harassment related to your gender identity at work, don’t wait for conditions to improve on their own. Reach out to Wanta Thome today, and we’ll help you take the next step toward justice. Your workplace should support who you are—not hold you back.