Minneapolis Employers: City Council Expands Anti-Discrimination Protections in Civil Rights Ordinance

In May 2025, the Minneapolis City Council unanimously passed significant amendments to the city’s Civil Rights Ordinance that will materially affect employers with operations in Minneapolis. The amendments, which take effect August 1, 2025, expand the list of protected characteristics to include justice-impacted status, alongside housing status and height and weight. The reform is part of a broader effort to strengthen local civil rights protections and align local law with evolving anti-discrimination norms.

What Is Justice-Impacted Status?

Under the amended ordinance, 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. This expands beyond traditional criminal history protections by expressly prohibiting discrimination based on these experiences as a motivating factor in employment decisions.

For employers, this means that decisions about hiring, promotion, discharge, and other terms and conditions of employment cannot be based on an individual’s justice-impacted status alone, unless a defined exception applies. This change places Minneapolis among the relatively few U.S. jurisdictions that bar employment discrimination based on criminal history.

Employer Obligations Under the Ordinance

The amended ordinance broadens the scope of prohibited practices and creates affirmative compliance responsibilities for employers:

1. Prohibition on Discrimination Based on Justice-Impacted Status
Employers may not refuse to hire, terminate, or otherwise treat an applicant or employee adversely due to their justice-impacted status. This prohibition applies to all stages of employment — including recruitment, hiring, training, promotion, compensation, benefits, layoffs, and discharge — unless an exception applies.

2. Reasonable, Fact-Based Assessments Required
An employer can make adverse decisions related to justice-impacted status only when such decisions are “reasonably based” on the relationship between the underlying conduct and the job’s ability, capacity, and fitness requirements. This individualized assessment must consider:

• Whether the individual was convicted;

• The time since the offense or conviction;

• The nature and gravity of the crime;

• The individual’s age at the time of the offense;

• Evidence of rehabilitation efforts; and

• Any unreasonable risk to property or safety.

These factors mirror best practices in “fair chance” and individualized assessment frameworks seen in other jurisdictions and under Title VII disparate impact guidance but now carry local legal force in Minneapolis.

3. No Blanket Exclusion Based on Arrest Alone
The ordinance specifically states that an arrest without conviction cannot by itself justify a discriminatory action. For pending matters, an employer may consider the factors above to make a reasonable decision but cannot automatically exclude an applicant based solely on arrest history.

4. Consistency With Federal and State Law
The ordinance includes an express caveat that nothing in it prevents an employer from complying with state or federal laws that impose specific requirements — such as restrictions on certain convictions for particular occupations (e.g., childcare, security, or healthcare). Employers must ensure decisions align with all applicable laws, not just Minneapolis’s local rules.

Key Compliance Imperatives for Employers

Implement Consistent Individualized Assessments
The heart of compliance is a consistent individualized assessment process. Employers should document objective analysis of each justice-impacted case against the factors enumerated above. This guards against arbitrary decisions and prepares defensible records in the event of a complaint.

Revise Policies and Training
Employers should update job application forms, background check policies, applicant screening criteria, and manager training to reflect that justice impact alone cannot disqualify a candidate. Training should emphasize how to conduct and document individualized assessments, particularly distinguishing between lawful job-related decisions and unlawful discrimination.

Audit Hiring and Performance Practices
Review existing hiring practices, use of criminal history in employment decisions, and automated screening tools. Eliminate policies that automatically screen out individuals based on criminal history without factor-based analysis.

Update Job Descriptions and Safety Standards
Where certain roles legitimately require background considerations for safety or licensure, ensure job descriptions clearly articulate the essential duties and that decisions are grounded in the ordinance’s reasonableness factors.

Conclusion

The Minneapolis City Council’s ordinance adding justice-impacted status to protected classes marks a significant expansion of anti-discrimination law applicable to employers. It underscores the necessity of nuanced, equitable assessment processes that go beyond blanket exclusions. By proactively updating policies, training, and assessment practices, employers can better navigate this new legal landscape and reduce risk while fostering fair employment opportunities.

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The foregoing content is not given as legal advice but is instead offered for informational purposes only. Fair Screen is not a law firm and therefore cannot offer legal advice. We always recommend speaking with an attorney who is knowledgeable about your company’s individual circumstances prior to making any hiring decisions or policy changes. Fair Screen makes no assurances regarding the accuracy or completeness of this content.