# Non-underrepresented candidate *Phrase in Minnesota's DHS Hiring/Pre-Hire Justification policy at issue in federal litigation* A **non-underrepresented candidate** is a phrase in the signed [[Minnesota]] DHS Hiring/Pre-Hire Justification policy. The United States challenges that policy under [[Title VII]] in [[United States v. State of Minnesota (0:26-cv-00273)]], a complaint filed on January 14, 2026, in the United States District Court for the District of Minnesota.[^1] The signed agency policy carrying the phrase was filed in the case as the operative Exhibit B.[^1] The complaint brings its challenge under Sections 703(a)(1) and 703(a)(2) of Title VII and is "pleaded through Bostock textualism".[^1] Validation recorded in the source finds that the complaint cites [[§43A.191]] eight times.[^3] As of the source's refresh date of June 18, 2026, the case was before a three-judge district court and ongoing.[^2] The record available here describes the complaint's filing, legal theory and procedural posture. It does not quote the policy's text beyond the phrase, does not define the term, and does not set out the State's response.[^1][^2] ## In the Minnesota record ### Who - The United States is the plaintiff suing the State of Minnesota over the DHS policy that contains the phrase.[^1] - The signed agency policy containing the phrase was filed as the operative Exhibit B.[^1] ### What - The phrase appears in the signed Minnesota DHS Hiring/Pre-Hire Justification policy, which the complaint challenges. See [[Pre-Hire Justification policy]].[^1] ### When - The complaint was filed on January 14, 2026.[^1] - The State's response was due on February 27, 2026.[^2] ### Where - The case is before the United States District Court for the District of Minnesota.[^1] ### Why - The challenge is brought under Title VII, Sections 703(a)(1) and 703(a)(2), against the DHS policy.[^1] ### How - The complaint pleads the challenge through *Bostock* textualism.[^1] ### How many - The complaint cites §43A.191 eight times, according to prior validation recorded in the source.[^3] ## Litigation *United States v. State of Minnesota*, No. 0:26-cv-00273 (D. Minn., filed January 14, 2026), is a Title VII challenge to the Minnesota DHS Hiring/Pre-Hire Justification policy.[^1] The United States brought it after [[Executive Order 11246]] was revoked by EO 14173 on January 21, 2025.[^2] The source lists the three-judge district court as Circuit Judge [[Raymond W. Gruender]], Chief Judge [[Patrick J. Schiltz]] of the District of Minnesota, and Judge [[D. Price Marshall Jr.]] of the Eastern District of Arkansas. It also lists Magistrate Judge Shannon G. Elkins, assigned after Foster's recusal.[^2] The State's response was due February 27, 2026, and the source describes the case as ongoing as of June 18, 2026.[^2] ## Relation to §43A.191 The case entry places the phrase in the signed DHS policy filed as Exhibit B.[^1] A separate passage of the same source attributes the phrase to the statute, listing "§43A.191's \"non-underrepresented candidate\"" among the texts the civil complaints challenge.[^4] The pack does not quote the text of §43A.191. The record therefore does not establish whether the phrase appears in the statute itself, in the DHS policy, or in both.[^1][^4] ## See also - [[United States v. State of Minnesota (0:26-cv-00273)]] - [[Pre-Hire Justification policy]] - [[§43A.191]] - [[Executive Order 11246]] - [[Title VII]] ## Notes [^1]: *The Instrument No One Will Name* (densified, 2026-06-18), entry [53] — establishes the caption and docket, the filing date of Jan. 14, 2026, the D. Minn. venue, the Title VII §§703(a)(1), (a)(2) basis, the *Bostock* pleading, and that the signed agency policy was filed as the operative Exhibit B. No URL for this source is in the pack's allowed list. [^2]: *The Instrument No One Will Name* (densified, 2026-06-18), entry [53] — establishes the revocation of EO 11246 by EO 14173 (Jan. 21, 2025), the three-judge panel and the magistrate judge, the response deadline of Feb. 27, 2026, and that the case was ongoing as of the 2026-06-18 refresh. No URL for this source is in the pack's allowed list. [^3]: *The Instrument No One Will Name* (densified, 2026-06-18), entry [53] — establishes that "Prior validation confirmed the complaint cites §43A.191 eight times." No URL for this source is in the pack's allowed list. [^4]: *The Instrument No One Will Name* (densified, 2026-06-18), enforcement-record passage — establishes that the source lists §43A.191's "non-underrepresented candidate" among the texts the civil lane challenges. No URL for this source is in the pack's allowed list.