Court: Minneapolis schools can keep providing layoff protection to teachers of color

A federal judge has dismissed a U.S. Department of Justice lawsuit targeting a Minneapolis Public Schools policy that shields teachers of color from seniority-based layoffs.

In his ruling Monday, U.S. District Judge Patrick Schiltz wrote that the policy — adopted in 2022 to help end a 14-day Minneapolis Federation of Teachers strike — does raise concerns about the “legality of the racial discrimination in which MPS is forced to engage.” The lawsuit cannot proceed, however, without the teachers union — which was left off the list of defendants when the Trump administration sued the district in December. 

The policy ended typical last-in, first-out rules for teachers from underrepresented backgrounds in an effort to improve recruitment and retention in one of the state’s most diverse districts. It was adopted by MPS as part of a collective bargaining agreement, making the union a necessary party to the federal government’s lawsuit. The problem for the Trump administration: DOJ can only bring cases alleging discrimination against government entities. Labor unions, like the MFT, are private. 

Schiltz said proceeding without the union would leave MPS in an “untenable position” as it chooses to violate either a federal injunction or its own collective bargaining agreement with the teachers unions. 

“MPS and the union sit on opposite sides of the bargaining table, and the court cannot simply trust that one party to a (collective bargaining agreement) will safeguard the interests of the other party,” Schiltz wrote. 

The teachers union pushed for layoff protections in 2022 because teachers of color tend to be younger and disproportionately affected by last-in, first-out downsizing. Around 20% of Minneapolis teachers are people of color, compared to two-thirds of their students. The policy requires the district to skip over staff members from “underrepresented populations” during seniority-based layoffs or involuntary reassignments. Laid-off teachers from underrepresented groups must also be the first to be reinstated if called back. 

The policy doesn’t explicitly mention race to help withstand legal challenges.

Minneapolis Public Schools praised Schiltz’s order in a statement to the Reformer.

Marcia Howard, president of the teachers union, did not immediately respond to a request for comment. 

The Trump administration alleged the MPS policy was discriminatory after the school district defended the same policy in another lawsuit by a local resident. Deborah Clapp, with the backing of conservative legal foundation Judicial Watch, argued that she was harmed as a taxpayer for funding a discriminatory policy. (A judge tossed the case in January of 2025.)

Schiltz said teachers who wish to challenge the policy can file a complaint with the Equal Employment Opportunity Commission, which can pursue cases against private entities.