Minneapolis Police Department v. Minneapolis Commission on Civil Rights

While I concur in that portion of the majority opinion relating to the McDonnell Douglas analysis, holding that Sterling failed to establish a prima facie case of employment discrimination, I respectfully dissent from that portion of the opinion holding the appointment of a hearing examiner was not warranted.

1. I believe this court should extend the trend in Minnesota toward the increasing use of hearing examiners and would affirm the court of appeals’ advice that a hearing examiner should have been appointed. Even the dissent in that court saw the potential unfairness when a reviewing body…