# 3905.0100 AFFIRMATIVE ACTION POLICY. *Minnesota legal provision on affirmative action policy* *3905.0100 Affirmative Action Policy* is a provision of [[Minnesota]] law catalogued under that title.[^1] The record assembled for this article does not establish the provision's text, the body that adopted it, its adoption or amendment dates, or the officials and parties who enacted, amended or maintained it. Those facts are therefore not stated here.[^1] The provision's subject, [[Affirmative action]] in Minnesota public employment, is the subject of a pending federal lawsuit. On January 14, 2026, the [[United States Department of Justice]] sued the State of Minnesota under [[Title VII]] of the [[Civil Rights Act of 1964]].[^2] The case is *United States v. State of Minnesota*, No. 0:26-cv-00273 (D. Minn.).[^3] The record does not establish whether the complaint cites rule 3905.0100 itself.[^3] ## Related federal litigation The Department of Justice announced the suit in release No. 26-21, dated January 14, 2026. The release is titled *United States Department of Justice Files Lawsuit Against Minnesota's 'Affirmative Action' Regime*.[^2] According to the release, Attorney General Pamela Bondi certified the case as a matter of general public importance.[^2] The complaint in [[United States v. State of Minnesota (0:26-cv-00273)]] was filed in the District of Minnesota and is brought under Title VII.[^3] It cites [[Minn. Stat. § 43A.191]] eight times.[^3] Among the cited provisions is subdivision 3(c), which requires an agency to explain the reason for hiring a candidate who is not an affirmative-action candidate.[^3] The complaint states the federal government's allegations; the record here shows no ruling on them and no disposition of the case.[^3] The suit followed the Supreme Court's 2025 decision in [[Ames v. Ohio Department of Youth Services]], 605 U.S. 303.[^4] There the Court held that Title VII's disparate-treatment provision "draws no distinctions between majority-group plaintiffs and minority-group plaintiffs."[^4] The Court also rejected the Sixth Circuit's heightened "background circumstances" rule for majority-group plaintiffs.[^4] ## Use of the term "regime" The release's title applies the word "regime" to the State's apparatus.[^2] Federal statute has used the same word for foreign governments. The [[Iraq Liberation Act]] of 1998 (Pub. L. 105-338) states a United States policy of supporting efforts to remove "the regime headed by Saddam Hussein."[^5] The project's catalogue of U.S.-government "regime" usages ([[How Minnesota Got Here]], note 40) finds Minnesota the only U.S. state so described. That is the project's own catalogue finding, not an independently established fact.[^5] ## Notes [^1]: Wikipedia contributors, *3905.0100 AFFIRMATIVE ACTION POLICY.* (retrieved October 26, 2026) — identifies the title; the cached copy carries no section text. <https://en.wikipedia.org/wiki/3905.0100_AFFIRMATIVE_ACTION_POLICY.> [^2]: U.S. Department of Justice, Office of Public Affairs, *United States Department of Justice Files Lawsuit Against Minnesota's 'Affirmative Action' Regime*, release No. 26-21 (January 14, 2026) — announces the suit and the Attorney General's certification. https://www.justice.gov/opa/pr/united-states-department-justice-files-lawsuit-against-minnesotas-affirmative-action-regime [^3]: U.S. District Court for the District of Minnesota, *Complaint, United States v. State of Minnesota*, No. 0:26-cv-00273 (filed January 14, 2026) — Title VII claims; cites Minn. Stat. § 43A.191 eight times, including subd. 3(c). https://www.justice.gov/crt/media/1423361/dl [^4]: Supreme Court of the United States, *Ames v. Ohio Department of Youth Services*, 605 U.S. 303 (2025) — Title VII draws no majority/minority distinction; "background circumstances" rule rejected. https://www.supremecourt.gov/opinions/24pdf/23-1039_c0n2.pdf [^5]: U.S. Congress, *Iraq Liberation Act of 1998*, Pub. L. 105-338 (1998) — states the policy of supporting removal of "the regime headed by Saddam Hussein"; cited alongside the project's catalogue finding. https://www.govinfo.gov/content/pkg/PLAW-105publ338/pdf/PLAW-105publ338.pdf