Minneapolis, Minnesota Amends City’s Civil Rights Law Impacting Criminal History Use

The Minneapolis City Council recently passed Ordinance 2025-022, which was approved by the Mayor. The Ordinance goes into effect August 1, 2025. 

From a criminal records standpoint, the Ordinance amends Minneapolis’ civil rights law to include a definition for “justice-impacted status.” As defined, justice-impacted status includes the state of having a criminal record or history, including any arrest, charge, conviction, period of incarceration, or past or current probationary status.

Employers must consider whether an adverse decision is 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 responsibilities of the position. To undergo assessment, employers must consider several factors:

1. Whether the individual was convicted of the offense;
2. Length and time since the alleged offense or conviction;
3. Nature and gravity of the crimes;
4. 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.

Employers may not make adverse employment decision on arrest records only, but may consider pending criminal matters provided they consider such pending case in conjunction with the above factors. 

There are limited exceptions including allowing employers to make an adverse employment decision or publish notices or advertisements that disclose a preference or limitation based on justice-impacted status, when permitted by state or federal law, regulation, rule or government contract, including, but not limited to: (a) positions that work with children and (b) positions in law enforcement. 

There are additional items covered by this ordinance including protecting individuals from discrimination on a variety of factors including height and weight, along with pregnancy-related accommodation language so impacted employers should review the ordinance in its totality.