The City of Minneapolis will soon be one of the few jurisdictions in the country that prohibit discrimination based on height, weight, and criminal history. On May 5, 2025, Minneapolis Mayor Jacob Frey approved amendments to the city’s civil rights ordinance that will go into effect on August 1, 2025. Specifically, the amendments expand protected classes and the definitions of race, familial status, and disability. In addition, employers will be required to provide new religious observance and pregnancy-related accommodations, further aligning with the federal Pregnant Workers Fairness Act and Title VII of the Civil Rights Act of 1964.
Expanded Definitions
The amendments broaden the definition of disability to include an “impairment that is episodic or in remission and would materially limit a major life activity when active.” This definition is broader than the definition under the Americans with Disabilities Act of 1990 and its subsequent amendments (ADA). Thus, employers must ensure they are complying with both the ordinance and federal law.
Further, mirroring Minnesota’s CROWN act, the ordinance expands the definition of race to include “traits historically associated or perceived to be associated with race including, but not limited to skin color, certain physical features, hair texture, and protective hairstyles.” The ordinance provides that protective hairstyles include, but are not limited to, such hairstyles as afros, braids, locks and twists.
The ordinance’s definition of familial status is also being revamped. In addition to custody of a minor, “familial status” now includes residing with and caring for any individual who lacks the ability to manage their own physical health, safety, or self-care. The amendments further provide that each time compensation is paid, if based on a discriminatory decision, it will result in an unlawful act. In other words, each paycheck after the initial discriminatory act may be considered a separate violation of the ordinance.
New Protected Classes
The amendments add three new categories to the city’s list of protected classes.
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Justice-Impacted Status: 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.” Under the amendments, employers may not base employment decisions on these criminal histories unless the histories are reasonably related to the individual’s ability, fitness, or capacity to perform the job duties. In making this determination, employers must consider (i) the nature and gravity of the crime, (ii) whether the individual was convicted, (iii) age of the individual at the time of the crime, (iv) time elapsed since the offense or conviction, (v) evidence of rehabilitation, and (vi) any unreasonable risk to property or to the safety of specific individuals or the general public.
An employer must not make an adverse employment decision based on the fact of 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 factors set forth above. The ordinance does allow exceptions for positions that require certain background checks, such as jobs that involve working with children and law enforcement.
- Height and Weight: Following a legal trend in other major cities (like New York City and Miami Beach), Minneapolis now bans discrimination based on height and weight. Although the amended ordinance defines height and weight as a “numerical measurement,” the prohibition encompasses “an impression” of a person as tall, short, fat, or thin, regardless of numerical measurement. Notwithstanding the law, employers will still be permitted to consider height and weight when required by federal, state, or local law or regulation, and employers will not be deemed to have violated the ordinance if an employee’s height or weight prevents them from performing the essential functions of the job and there is no accommodation the employer could reasonably make without creating an undue hardship. Further, the ordinance makes clear that employers are permitted to offer incentives supporting weight management as part of a voluntary program without violating the law.
- Housing Status: Housing Status is now a protected class under the amended ordinance, as well. It is defined as the “state of having, or not having, a fixed, regular, and adequate nighttime residence.” Except as required or authorized by federal or state law, regulation, rule, or government contract, it is unlawful for an employer to refuse to hire or terminate an applicant or employee based on their housing status, unless such action is because of a legitimate business justification not otherwise prohibited by law.
New Accommodations Requirements
- Religious Accommodations: Strengthening protections already provided under Title VII, the amendments will now require employers to accommodate employees’ “known sincerely held religious beliefs or practices” unless doing so imposes an undue hardship.
- Pregnancy Accommodations: The amendments require employers with 15 or more full-time employees to initiate an informal interactive process with qualified employees (akin to the ADA) to accommodate “known pregnancy-related limitations,” which are defined as “any physical or mental condition related to, affected by or arising out of pregnancy, childbirth, or related medical conditions.” However, an employer need not accommodate an employee’s pregnancy-related limitation if it can demonstrate that the accommodation would impose an undue hardship. Notably, and unlike the ADA, the amended ordinance states that an individual is still qualified for a position if their inability to perform an essential function is only temporary and can be reasonably accommodated.
Lastly, the ordinance provides certain exceptions for private educational institutions located or operating within Minneapolis. Specifically, a religious or denominational educational institution may limit admission or give preference to applicants of the same religion or denomination. The ordinance makes clear that for private educational institutions, it is not unlawful to permit only one sex to enroll.
The sweeping Minneapolis civil rights ordinance covers employers of all sizes, including those with operations within Minneapolis, those who hire employees working even partially from Minneapolis, and those who contract with the city. Thus, all employers with employees or operations in Minneapolis take note of the new obligations and update their policies accordingly. Additionally, managers should be trained regularly on federal, state, and local anti-discrimination laws, to ensure compliance at all levels.
