Minneapolis Ordinance 2025-022: Justice-Impacted Status Added as a Protected Classification

The Basics

Location: City of Minneapolis, Minnesota  

Legislation: Ordinance 2025-022

Type: Anti-Discrimination Ordinance

Effective: August 1, 2025

Key Takeaways

      Employers must conduct an individualized assessment when assessing an applicant’s criminal record.

      Prohibits adverse employment actions based solely on a candidate’s or employee’s criminal history, unless the employer can demonstrate that the history is reasonably related to the duties of the position with limited exceptions.

      Justice-impacted status has been added as a new protected class.

     What is the Justice-impacted status?

This is defined under the Ordinance as “The state of having a criminal record or history. including any arrest, charge, conviction, period of incarceration, or past or current probationary status.”

What does this mean to employers? 

      Employers may not make adverse employment actions based solely on a candidate’s or employee’s criminal history, unless they can demonstrate that the history is reasonably related to the duties of the position.

      Employers may not make adverse employment decisions on arrest records only, but may consider pending criminal matters provided they consider the information in conjunction with an individualized assessment.

      What do employers need to assess in the individualized assessment?

To assess the ability, capacity and fitness needed to perform the duties of the position based on the justice-impacted status, employers must consider:

• Whether the individual was convicted of the offense. 
• The time elapsed since the offense or conviction. 
• The nature and gravity of the offense. 
• The individual’s age at the time of the offense. 
• Evidence of rehabilitation.
• Whether the individual poses an unreasonable risk to property or the safety of others.
  

Are there any exemptions?

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.

Recommendations

We recommend employers review and discuss with your legal counsel your organization’s policies and procedures to ensure continued compliance with the changing laws and regulations.

Please note: The information provided above is strictly for educational purposes.  It is not intended to be legal advice, either expressed or implied. Accurate Background recommends that you consult with your legal counsel regarding all employment regulations.