Compliance Conundrum: Changes are Coming to the Discrimination Ordinance in Minneapolis

Additional Unlawful Discriminatory Practices

The ordinance further creates new unlawful discriminatory practices when one of the protected areas is a motivating factor to: 

• Discriminate against a person or employee relating to benefits 
• For employers with 15 or more full-time employees, fail to make reasonable accommodations for the known pregnancy-related limitations of a qualified employee, unless there is undue hardship (reasonable accommodations are determined through informal, interactive process) 
• Deny employment opportunities to qualified employees if denial is based on the need for reasonable accommodations for known pregnancy-related limitations 
• Require a qualified employee to take paid or unpaid leave if a reasonable accommodation for known pregnancy-related limitations can be provided 
• Take adverse action against qualified employee because they requested/received a reasonable accommodation based on known pregnancy-related limitations 
• Fail to provide a religious accommodation, unless there is undue hardship 

New Definitions Supporting Accommodation Requirements

In light of the changes to the unlawful discriminatory practices, the ordinance provides new definitions for the following:  

• Known pregnancy-related limitation: any physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions communicated to the employer, whether or not the condition meets the definition of disability under the ordinance 
• Reasonable accommodation: required steps to accommodate the known physical or mental limitations of a qualified person with a disability, or the known pregnancy-related limitations of a qualified employee, unless there is an undue hardship 
• Religious accommodation: required steps to accommodate an employee’s known sincerely held religious beliefs or practices, unless there is an undue hardship 
• Undue Hardship: a situation requiring significant difficulty or expense when considering several factors, determined on a case-by-case basis, and specific to the area of discrimination 

Height and Weight: Understanding the Affirmative Defense

For height and weight as a protected area in employment, it is an affirmative defense that a prospective or current employee’s height and/or weight prevents them from performing the essential functions of the job and there is no accommodation the employer could reasonably make that would allow the person to perform the essential job functions without undue hardship, fundamentally altering the essential nature of the programs or services, or posing a direct threat to the health and/or safety of the individual or others. 

Justice-Impacted Status: When Employment Decisions May Be Justified

There are new exemptions, specifically adverse decisions by an employer based on justice-impacted status that were reasonably based on the individual’s ability, capacity, and fitness required to perform the job duties when considering the following factors:  

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 
6. Any unreasonable risk to property or to the safety or welfare of specific individuals or the general public 

What Employers Need to Know Moving Forward

As a reminder, employers are covered by the ordinance if they hire or employ workers in the City of Minneapolis, whether those services are partially or fully performed within the city. This ordinance also applies to both applicants and employees. With that in mind, covered employers should review and update their employee handbooks, policies, and trainings to cover the newly protected areas of discrimination and accommodation procedures.