Imagine being fired because your boss views you as “too masculine” or “too aggressive” for a woman, or not being hired because you’re a man and the employer views the position as “women’s work.” Sadly, these are real examples of sex discrimination happening in Minnesota workplaces. While most people understand that blatant discrimination based on sex is illegal, many don’t realize that employment decisions based on sex stereotypes also violate Minnesota law.
What Are Sex Stereotypes?
Sex stereotypes are assumptions about how men and women should look, act, or behave. These stereotypes might include beliefs that women should be nurturing and soft-spoken, that men should be aggressive and tough, that certain jobs are “women’s work” or “men’s work,” or that employees should conform to traditional notions of femininity or masculinity.
When employers make employment decisions (decisions about hiring, firing, promotions, pay, or job assignments) based on these stereotypes, they’re engaging in illegal sex discrimination.
Legal Protections Under Minnesota Law
The Minnesota Human Rights Act (MHRA) prohibits discrimination in employment based on sex. This includes not only discrimination based on biological sex, but also discrimination based on an employee’s failure to conform to gender stereotypes.1
As the Eighth Circuit Court of Appeals explained, “an employer who discriminates against women because they do not wear dresses or makeup, is engaging in sex discrimination because the discrimination would not occur but for the victim’s sex.”2 Companies cannot base employment decisions on sex stereotypes, period.3
The U.S. Supreme Court established this principle decades ago in the landmark case of Price Waterhouse v. Hopkins.4 In that case, a highly qualified female accountant was denied partnership at her firm based in part on stereotypical attitudes about how women should appear and behave. The Court held that adverse employment actions taken based on beliefs that a woman should walk, talk, and dress femininely constitute impermissible sex discrimination. As the Court stated, “we are beyond the day when an employer could evaluate employees by assuming or insisting that they matched the stereotype associated with their group.”5
What Does Sex Stereotyping Look Like in the Workplace?
Sex stereotyping in employment can take many forms. Here are some recent examples:
(1) Stereotypes About Women’s Appearance and Behavior
In Lewis v. Heartland Inns of America, a Minnesota hotel chain fired a front desk employee because she was deemed “tomboyish” and didn’t have that “Midwestern girl look.” The company wanted employees who conformed to traditional feminine stereotypes. The Eighth Circuit Court of Appeals reversed the lower court’s dismissal of the case, holding that differential treatment based on a woman’s attractiveness or conformance with gender stereotypes can be actionable discrimination under civil rights law.6
This type of discrimination isn’t limited to how feminine a woman appears. It also includes expectations about how women should behave. Comments like “she’s too aggressive,” “not a team player,” or “needs to be more personable” directed at women may reflect illegal gender stereotyping, especially when male colleagues exhibiting the same behaviors face no criticism. This stereotyping “creates a barrier to the progress of women in the workplace because it conveys the message that they do not belong, that they are welcome in the workplace only if they will subvert their identities to the sexual stereotypes prevalent in that environment.”7
(2) Stereotypes About “Women’s Work” and “Men’s Work”
In October 2025, the Minnesota Department of Human Rights announced settlements in two cases of sex stereotyping:8
In the first case, Lakes Concrete Plus, a company in Bemidji, fired a concrete truck driver simply because she is a woman. When terminating her, the company told her that her job was not “women’s work” and that she should look for a role “more fitting” (i.e., a job traditionally held by a woman).9 This is textbook sex stereotyping, and the company was required to pay damages to the former employee and implement workplace changes to prevent future discrimination.
In the second case, Key Lime Air, which operates in Thief River Falls, refused to hire a male applicant for a flight attendant position because he is a man. The company openly acknowledged its practice of only hiring women as flight attendants because they believed women are “better” than men for the position. Under the settlement agreement, Key Lime Air must pay the applicant damages and ensure its policies don’t discriminate based on sex.10
These cases demonstrate that sex stereotyping cuts both ways. Whether it’s telling a woman she can’t do “men’s work” or telling a man he’s not suited for a traditionally female-dominated role, these decisions are illegal under Minnesota and federal law.
Why This Matters
Sex stereotyping is harmful because it limits opportunities based on outdated and discriminatory beliefs rather than actual qualifications and performance. When employers make decisions based on whether someone fits their idea of how a man or woman “should” be, they deny equal opportunities to employees.
As Rebecca Lucero, the Commissioner of the Minnesota Department of Human Rights, recently remarked: “In Minnesota, we know that work should provide for food and warmth in our homes and our communities, not discrimination. And we’ve worked hard to eliminate the notion that certain jobs ought to be performed by a woman or a man. Yet…there is still work left to do. Minnesota’s civil rights laws require workplaces to proactively prevent and address discrimination because both employers and employees are stronger when civil rights laws are followed.”11
What Should You Do If You Experience Sex Stereotyping?
If you believe you’ve experienced sex discrimination based on stereotypes about how men or women should look, act, or what jobs they should perform, here are some steps to deal with workplace discrimination:
1. Document Everything: Keep records of discriminatory comments, decisions, and any evidence that similarly situated employees of a different sex were treated more favorably.
2. Report Internally: If your company has an HR department or discrimination reporting procedure, use it. Put your complaint in writing and keep a copy.
3. Seek Legal Counsel: Sex discrimination cases can be complex, and having an experienced employment attorney can make a significant difference in protecting your rights.
Under Minnesota’s civil rights laws, you have the right to work in an environment free from gender stereotypes that limit your opportunities or subject you to different or unfair treatment based on your sex.
Remember: Your employer cannot evaluate you based on stereotypes about how someone of your sex should look, act, or what jobs you should perform. If they do, that’s discrimination, and it’s illegal.
If you or someone you know has experienced sex discrimination or stereotyping in the workplace, MSB Employment Justice is here to help. Our team has extensive experience representing employees who have faced discrimination based on sex, and we’re committed to fighting for your rights. Contact MSB Employment Justice today to speak with our legal team about your situation.
- Minn. Stat. § 363A.08, subd. 2 ↩︎
- Lewis v. Heartland Inns of Am., L.L.C., 591 F.3d 1033, 1042 (8th Cir. 2010) (citing Smith v. City of Salem, 378 F.3d 566, 574 (6th Cir. 2004)). ↩︎
- Id ↩︎
- 490 U.S. 228, 251, 109 S. Ct. 1775, 1791, 104 L. Ed. 2d 268 (1989). ↩︎
- Id. ↩︎
- 591 F.3d 1033, 1042 (8th Cir. 2010). ↩︎
- Robinson v. Jacksonville Shipyards, Inc., 760 F. Supp. 1486, 1522–23 (M.D. Fla. 1991). ↩︎
- Minnesota Department of Human Rights Announces Two Cases Involving Blatant Sex Discrimination, Minnesota Department of Human Rights (Oct. 9, 2025), https://mn.gov/mdhr/news-community/newsroom/civilrightsupdates.jsp?id=1061-708842. ↩︎
- Id. ↩︎
- Id. ↩︎
- Id. ↩︎
