Legal Question in Employment Law in Minnesota

Not advised of 401K plan at work

Hello.

I',ve been with my current employer for the past 4 years. A month ago, I sat in on a interview of a potential employee. During the interview, my supervisor stated that we had a 401k plan. I interrupted, and asked,''when did this start?'' He said we always had a plan. I said I was never told of this plan. He responded by saying, ''well, all the mexicans out on in production never have any interest in it, and I didn't think you would either.''

So now after learning about the company 401k plan, and my not being advised about the plan, do I have any legal grounds to bring a lawsuit or negotiate a settlement?

Is the burden of proof on me to prove the 401k plan was not offered? Or does the company need to prove I was offered the chance to accept of decline enrolling in the plan?

Thanks much,

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