The City of Minneapolis has expanded its Civil Rights Ordinance to include new protected classes, including a first in Minnesota: a protection for people with criminal records. If you are an employer who is located in Minneapolis, has employees performing work in the city (even partially) or contract with the City, here is what you need to know before the new Ordinance goes into effect on August 1, 2025.

New Protected Classes

• Justice-Impacted Status -- This is Minnesota’s first legal protection for individuals with a criminal record. “Justice-impacted status” refers to a person’s criminal record, including arrests, charges, convictions, incarcerations or past or present probation. Under the new Ordinance, any adverse decision by an employer based on justice-impacted status must ensure that such a decision was reasonably based on the relationship of the underlying conduct of the criminal history to the role’s responsibilities. Factors such as the nature and gravity of the offence, whether or not the individual was convicted, the person’s age when the alleged crime was committed, time passed since the conviction, evidence of rehabilitation and any potential risk to property or to the safety or welfare of employees or the general public must be taken into consideration. Additionally under the Ordinance, the employer may not make an adverse employment decision based on an arrest that did not result in a conviction, except that for pending criminal matters. An employer is not prohibited from making an adverse employment decision based on a reasonable consideration of the above described factors. Even with this expanded legal protection, employment standards that comply with state or federal laws or contracts, such as employment standards for law enforcement officers or those who work with children, remain in place.
• Height and Weight -- Discrimination based on an employee’s height and weight is now prohibited in Minneapolis. This includes discrimination based on a perception that an individual is too tall or short, or too fat or thin, regardless of numerical measurement. However, this provision does not apply when federal, state or local law requires such consideration. For example, an employer may have grounds to discriminate on the basis of height or weight if those factors prohibit the individual from performing the essential functions of the job and there are no reasonable accommodations the employer can make.
• Housing Status -- Whether the individual has or does not have a fixed regular nighttime residence.

Expanded Definitions of Existing Protected Classes

• Race – Similar to the Minnesota Human Rights Act, race now includes traits associated or perceived to be associated with race, including skin color, certain physical features, hair texture and protective hair styles. “Protective hairstyles” includes hairstyles such as afros, braids, locks and twists.
• Undue Hardship – An amendment deletes the factors to be considered in determining if undue hardship exists and instead defines undue hardship as “a situation requiring significant difficulty or expense when considered in light of a number of factors, determined on a case-by-case basis and specific to the area of discrimination.”
• Disability – The amendments expand the definition of disability to include an impairment that is episodic or in remission that would materially limit a major life activity if the condition is active. The definition also now includes pregnancy-related limitations.
• Pregnancy -- Employers must accommodate pregnancy-related limitations, even if they don't qualify as a disability, unless the employer can demonstrate that the accommodation would impose an undue hardship. An employer must engage in an interactive process with the employee to find accommodations.
• Familial Status -- While familial status has been a protected class under the Civil Rights Ordinance, it now includes caring for one or more individuals who cannot manage their own physical health or safety.
• Religion -- The Ordinance states employers must provide religious accommodation unless the employer can demonstrate that it would cause undue hardship.

What Employers Need To Do Now

Impacted employers should review their employee handbooks, procedures for workplace accommodations and other written procedures or policies to ensure compliance with the new amendments.