Statement on the Murder of George Floyd

2021-02-22T18:08:26Z

We at Culberth & Lienemann, LLP stand in solidarity with all who work to dismantle the systemic racism in our communities throughout this country. We support the Minnesota Department of Human Rights’ effort to investigate discriminatory police practices against communities of color. Systemic change requires us all to challenge racism wherever we see it, including within ourselves. The attorneys at Culberth & Lienemann, LLP will continue our efforts to support people battling racism, one case at a time. “What happened to Floyd happens every day in this country in education, in health services and in every area of American Life. It’s time for us to stand up in George’s name and say, “Get your knee off our necks!”” Rev. Al Sharpton, June 4, 2020, George Floyd Memorial.

Minnesota Supreme Court Decision Gives Harassment Victims Their Day In Court

2020-06-11T19:30:36Z

Today the Minnesota Supreme Court dismantled the system of summary dismissals in harassment cases under the Minnesota Human Rights Act to ensure that the moral arc of our civil rights laws will continue to bend towards justice. For years, courts summarily dismissed harassment cases before a jury could hear the case. The dismissals were based on archaic societal standards that reasonable people today would not tolerate. This decision reverses that course. In the matter of Kenneh v. Homeward Bound, Inc., the Minnesota Supreme Court reversed the lower courts' decision to dismiss the case before trial. While the Court did not reject the "severe or pervasive standard" that courts have read into the definition of sexual harassment, it rejected the practice of measuring the conduct against societal norms from other cases decided in past decades, stating the conclusions drawn by those courts does not bind Minnesota courts, as reasonable people today would likely not tolerate the behavior permitted in those cases. After removing the old lens, the Court found that the totality of the circumstances of the facts alleged in Kenneh's case established sufficient evidence to allow a jury to decide the case. According to Kenneh, she had been repeatedly propositioned for sex directly and harassed by propositions and physical conduct, including gestures that simulated oral sex. She presented evidence that, when she complained to Homeward Bound, it did not take actions to stop the behavior and the behavior continued. The Court clarified that under our Human Rights Act, the "standard must evolve to reflect changes in societal attitudes towards what is acceptable behavior in the workplace." The Court reaffirmed that the "essence" of the Human Rights Act is "societal change." It stated that societal change is achieved by the redress of injury caused by discrimination. Today's decision changes the course the Human Rights Act, opening the doors again for harassment victims to have their cases heard. The Court's decision also emphasized several important tenants:

All the circumstances and context must be considered. Courts should not carve the work environment into a series of discrete incidents and then measure the harm occurring in each episode.
Each case must stand on its own circumstances and not a purportedly analogous federal decision. The Court overruled analysis by the court of appeals that justified dismissal of a case by reference to old federal caselaw it used as a societal standard.
A single, severe incident may support a claim for relief.
Pervasive incidents, any of which may not be actionable when considered in isolation, may produce an objectively hostile environment when considered as a whole.
Sexual harassment cases should generally be determined by a jury of peers and the courts should not usurp the role of a jury when evaluating a claim.
Courts may not make credibility decision in a summary judgment motion or review. Weighing evidence is the role of the fact finder in a trial.

This is an extraordinary day for the people of Minnesota who seeks justice under Minnesota's Human Rights Act.

Welcome To Our Blog

2019-08-09T19:10:32Z

We established this blog to share stories and information about topics relevant to our practice. Our intent is to regularly provide posts highlighting legal issues of local, state and national interest that we think you will find interesting. Check back later for updates.