The Minneapolis City Council approved amendments to Title 7 of the Minneapolis Code of Ordinances relating to Civil Rights on May 1, 2025, and the Mayor approved the amendments on May 5, 2025. The changes take effect on August 1, 2025. The Ordinance now prohibits employment discrimination on the basis of height, weight, criminal record or history (referred to as justice-impacted status), and housing status. It also prohibits business or lending discrimination on the basis of height or weight. These changes also apply to discrimination in other areas like educational institutions, professional organizations, public assistance, real estate, public accommodations, and public services.
Restrictions for Employers
Pursuant to Title 7, Section 139.40, except when based on a bona fide occupational qualification, it is an unlawful discriminatory practice for an employer to discharge, refuse to hire, or discriminate with respect to hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, benefits, layoff, discharge or any term or condition of employment based on a protected class or if the protected class was a “motivating factor.” The list of protected classes under the Minneapolis Ordinance now include race, color, creed, religion, ancestry, national origin, sex, sexual orientation, familial status, gender identity, disability, age, marital status, status with regard to a public assistance program, housing status, justice-impacted status, height, and weight.
- Height and weight is defined in the ordinance as a “numerical measurement of total body height and total body weight.” Height also “encompasses, but is not limited to, an impression of a person as tall or short regardless of numerical measurement,” and Weight “encompasses, but is not limited to, an impression of a person’s weight (fat, thin, etc.) regardless of numerical measurement.”
- Housing Status is defined as the “state of having, or not having, a fixed, regular, and adequate nighttime residence.”
- Justice-impacted status is defined as the “state of having a criminal record or history, including any arrest, charge, conviction, period of incarceration, or past or current probationary status.”
Exceptions
The new provisions regarding justice-impacted status do not apply if the employment decision was reasonably based on the relationship of the underlying conduct of the criminal history or record to the ability, capacity and fitness required to perform the duties and discharge the responsibilities of the position of employment or occupation, considering the following factors:
- Whether the individual was convicted of the offense;
- The length of time since the alleged offense or conviction;
- The nature and gravity of the crime(s);
- The age of the employe at the time the crime(s) was committed;
- Any evidence of rehabilitation efforts offered in support of the employee; and
- Any unreasonable risk to property or to the safety or welfare of specific individuals or to the general public.
The ordinance also prohibits an employer from making an adverse employment decision based on the fact of an arrest that did not result in conviction, except that in pending matters, it may do so if it considers the six factors listed above. There are also exceptions for positions that involve work with children and positions in law enforcement.
Scope and Procedure
The Ordinance applies to employers of all sizes. Complaints can be filed with the Minneapolis Civil Rights Commission (“Commission”) within one year after the matter occurred, and only if the matter complained of “occurred within the City of Minneapolis.” If, following a hearing, the Commission finds that an employer has engaged in discrimination, it may order the employer to pay a civil penalty, compensatory damages “up to three (3) times the actual damages sustained,” and punitive damages. The Commission may also award attorney’s fees capped at $25,000.
After 45 days from filing a complaint, if a hearing has not been held, or if the Commission finds no probable cause, an employee may bring a civil action in district court. A Commission decision against an employer can be appealed to the Minnesota Court of Appeals.
Takeaways
The City of Minneapolis is now one of very few jurisdictions in the country that prohibit discrimination based on height, weight, and criminal history. These changes are part of a longstanding trend whereby local cities and counties offer greater protection for employees than that offered by state or federal law. Employers headquartered in Minneapolis or with a significant number of employees in Minneapolis may want to update their employee handbooks to reflect these changes. Certainly, any employer considering the termination of an employee who works in the “City of Lakes” should take care to review the protections now in place.
FMJ’s HR & Employment Law Practice Group is available to help your organization navigate the new ordinances, including drafting and updating handbooks, policies, and procedures, training about hiring, termination, and employee relations issues, and any other questions raised by these new ordinances. Reminder that the new ordinances take effect on August 1, 2025, so now is the time to review your current practices. If you are interested in connecting with an attorney to discuss questions or concerns about any of these new changes, or any other HR and Employment law matters, please reach out to John Ella or anyone else in our HR & Employment Law Practice Group.
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