Minneapolis Expands Civil Rights Ordinance to Include New Protected Classes
- Steven Cerny
- Jul 30
- 6 min read
Updated: Sep 10
The City of Minneapolis recently amended its Civil Rights Ordinance to include new protected classes and expand the definitions of a few existing protected classes effective August 1, 2025.
The Minneapolis Civil Rights Ordinance
The Minneapolis Civil Rights Ordinance prohibits discrimination in the labor and employment context against individuals in Minneapolis on the basis of a person's: race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, age, marital status, or status with regard to a public assistance program. The City of Minneapolis recently amended the above categories to incorporate additional protected classes, in addition to revising the definitions of a few of the existing protected classes, as discussed below. The protected classes listed in the Ordinance are in addition to other classes that are protected at the state and federal level that may apply to to employees in Minneapolis.
New Protected Classes and Expanded Definitions of Existing Protected Classes
Effective August 1, 2025, the Minneapolis Civil Rights Ordinance will include the following new protected classes and definitions of those classes:
Housing Status: "The state of having, or not having, a fixed, regular, and adequate nighttime residence."
Justice-Impacted Status: "The state of having a criminal record or history, including any arrest, charge, conviction, period of incarceration, or past or current probationary status."
Height or Weight: "A numerical measurement of total body height and total body weight. Height encompasses, but is not limited to, an impression of a person as tall or short regardless of numerical measurement. Weight encompasses, but is not limited to, an impression of a person's weight (fat, thin, etc.) regardless of numerical measurement."
Also effective August 1, 2025, the amendments to the Ordinance expanded the definitions of a few existing protected classes as follows:
Race: "Inclusive of 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. For purposes of this definition, 'protective hairstyles' includes, but is not limited to, such hairstyles as afros, braids, locks, and twists."
Familial Status: "The condition of having legal status or custody of one (1) or more minors with the minor's parent or parents or the minor's legal guardian or guardians or the designee of the parent or parents or guardian with the written permission of the parent or parents or guardian or guardians. Familial status also means residing with and caring for one (1) or more individuals who lack the ability to meet essential requirements for physical health, safety, or self-care because the individual or individuals are unable to receive and evaluate information or make or communicate decisions. The protections afforded against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of an individual who has not attained the age of majority."
Disability: "Any condition or characteristic that causes a person to become a person with a disability. A person with a disability is any person who: (1) Has a physical, sensory or mental impairment which materially limits one (1) or more major life activities; or (2) Has a record of such an impairment; (3) Is perceived as having such an impairment; or (4) Has an impairment that is episodic or in remission and would materially limit a major life activity when active."
In addition to the above amendments, the revised Ordinance also expanded protections for pregnant workers by requiring covered employers to accommodate pregnancy-related limitations of a qualified employee, unless doing so would impose an undue hardship.
The amendments also expanded protections for religious observances by requiring covered employers to take steps to accommodate an employee's known sincerely held religious beliefs or practices, unless doing so would impose an undue hardship.
The term "undue hardship" was also revised by the amendments and is now defined 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." The enumerated factors outlined in the Ordinance to be considered in the labor and employment context in determining whether an accommodation would impose an undue hardship on the operation of a covered employer or labor organization remain the same.
Exemptions Under the Minneapolis Civil Rights Ordinance
The Ordinance outlines several exemptions to the law that may apply in the labor and employment context. With the addition of housing status, justice-impacted status, and height or weight as new protected class, the amendments incorporate the following new exemptions that apply to these categories.
Housing Status Exemptions: With respect to housing status, the amendments hold that the Ordinance does not prohibit consideration of housing status "when it is required or authorized by federal or state law, regulation, rule, or government contract, or when necessary to determine eligibility or compliance with a federal or state law, regulation, rule, or government contract, or when it is because of a legitimate business justification not otherwise prohibited by law."
Justice-Impacted Status Exemptions: The Ordinance outlines three exemption categories that apply to justice-impacted status that may apply in the labor and employment context. The first exemption applies when an adverse decision is made based on this protected class, but the "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."
The factors to be considered under this exemption are: "1. Whether the individual was convicted of the offense; 2. The length of time since the alleged offense or conviction; 3. The nature and gravity of the crime(s); 4. The age of the employee at the time the crime(s) was committed; 5. Any evidence of rehabilitation efforts offered in support of the employee; and 6. Any unreasonable risk to property or to the safety or welfare of specific individuals or the general public." Notably, the amendments clarify that an employer may not make an adverse decision on the basis of an arrest that did not result in a conviction. However, for pending criminal matters, an employer is not prohibited from making such a decision based on a reasonable consideration of the above factors.
Under the second exemption, an employer is not prohibited from making an adverse decision, or "printing or publishing a notice or advertisement for employment that discloses a preference or limitation" based on this protected class when "permitted by, and made in accordance with state or federal law, regulation, rule, or government contract." This includes positions that involve work with children and in law enforcement.
The Ordinance includes a third exemption that states consideration of this protected class is not prohibited when "it is required or authorized by federal or state law, regulation, rule, or government contract, or when necessary to determine eligibility or compliance with a federal or state law, regulation, rule, or government contract, or when it is because of a legitimate business justification or legitimate risk to safety or property."
Height or Weight Exemptions: Regarding height and weight, the revisions hold that the Ordinance does not prohibit consideration of these categories "when such action is required by federal, state, or local law or regulation." In addition, in the labor and employment context, it is an affirmative defense that a person's height or weight prevents them from performing essential functions of the position, when there is no accommodation that could reasonably be made that would allow the person to perform essential functions of the job without placing an undue hardship on the business or fundamentally altering the essential nature of the entity's programs or services, or posing a direct threat to the health and/or safety of the person or others. Notably, the exemption clarifies that nothing prevents an employer from offering incentives that support weight management as part of a voluntary wellness program.
Steps Employers Can Take to Comply with the Amendments to the Minneapolis Civil Rights Ordinance
Employers with employees in Minneapolis should familiarize themselves with the changes to the Civil Rights Ordinance and update their policies and practices to comply with the new amendments.
Get Help From a Business and Employment Attorney in Minnesota
If you would like assistance with complying with the amendments to the Minneapolis Civil Rights Ordinance, contact Minnesota business and employment attorney Steve Cerny. Steve has over fifteen years of experience advising employers on compliance with local, state, and federal employment laws, drafting employee handbooks and policies for employers, and helping employers implement best practices and procedures.
