Prof. Matthew Bodie Quoted by KTTC News About DOJ’s Investigation of Minnesota Hiring Law

Professor Matthew Bodie was quoted by the KTTC News about the U.S. Department of Justice’s investigation of a Minnesota Department of Human Services hiring policy, in effect since 2002, that requires hiring managers to submit justification when hiring a non-underrepresented candidate over one from an underrepresented group. The policy is in conjunction with a 1987 state law that requires the same for departments that have not met affirmative action quotas. The policy is only implemented once all candidates have met the minimum job requirements. Proponents of the investigation argue that requiring justification for hiring a non-underrepresented candidate over an underrepresented one is against the law, even if it’s already in state statute. The DOJ’s investigation continues what many see as a theme of cracking down on affirmative action policies. Prof. Bodie said, “They want to get rid of any efforts to give a thumb on the scale or what they perceive as favoritism to candidates based on race or sex, including efforts to rectify historically disadvantaged groups.” Bodie added that the law that spurred the DHS policy in question has remained unchanged for decades, through both Republican and DFL administrations in the state. He believes the Trump administration — and the current Supreme Court — are shifting away from the more traditional stance on affirmative action. He said, “Any effort to take membership of one of those protected classes into account is problematic from the chief justice’s perspective and from the rest of this Supreme Court.”