Minneapolis, Minn., Code of Ordinances § 7 § 139.30

(a) Employment. The provisions of section 139.40 (a), (b), (c), and (d) shall not apply to or prohibit:
(1) The employment of any individual by his or her parent, grandparent, spouse, domestic partner as defined in Chapter 142 of the Minneapolis Code of Ordinances, child or grandchild, or in the domestic service of any person.
(2) Any religious corporation, association or society with respect to the hiring or employment of individuals of a particular religion, when religion shall be a bona fide occupational qualification for employment.
(3) An employer, employment agency or labor organization from requiring or requesting a person to undergo a physical examination which may include a medical history for the purpose of determining the person's capability to perform available employment provided that all of the following are complied with:
a. An offer of employment has been made on condition that the person meets the physical or mental requirements of the job, except that a law enforcement agency filling a peace officer position or part-time peace officer position may require or request an applicant to undergo psychological evaluation before a job offer is made provided that the psychological evaluation is for those job-related abilities set forth by the Board of Peace Officer Standards and Training for psychological evaluations and is otherwise lawful.
b. The examination tests only for essential job-related abilities.
c. The examination, except for examinations required under Minn. Statutes, Chapter 176 , is required of all persons conditionally offered employment for the same position regardless of disability.
d. That the information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations; first aid safety personnel may be informed, when appropriate, if the disability might require emergency treatment; government officials investigating compliance with this chapter must be provided relevant information on request; and information may be released for purposes mandated by local, state, or federal law; provided that the results of the examination are used only in accordance with this chapter.
(4) An employer, employment agency or labor organization, with the consent of the employee, after employment has commenced, from obtaining additional medical information for the purposes of assessing continuing ability to perform the job or employee health insurance eligibility; for purposes mandated by local, state, or federal law; or for purposes of assessing the need to reasonably accommodate an employee or other legitimate business reason not otherwise prohibited by law.
(5) An employer, employment agency or labor organization from administering preemployment tests, provided that the tests satisfy all of the following:
a. Measure only essential job-related abilities.
b. Are required of all applicants for the same position regardless of disability except for tests authorized under Minn. Statutes, Chapter 176 .
c. Accurately measure the applicant's aptitude, achievement level, or whatever factors they purport to measure rather than reflecting the applicant's impaired sensory, manual, or speaking skills, except when those skills are the factors that the tests purport to measure.
(6) An employer, employment agency or labor organization from limiting receipt of benefits payable under a fringe benefit plan for disabilities to that period of time which a licensed physician reasonably determines a person is unable to work.
(7) An employer, employment agency or labor organization from providing special safety considerations for pregnant women involved in tasks which are potentially hazardous to the health of the unborn child, as determined by medical criteria.
(8) Justice-impacted status.
a. Any adverse decision by an employer, employment agency, or labor organization based on justice-impacted status where such a 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, 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; and
6. Any unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
b. An employer may not make an adverse employment decision based on the fact of an arrest that did not result in a conviction, except that for pending criminal matters, an employer is not prohibited from making an adverse employment decision based on a reasonable consideration of the factors in paragraph (a).
(9) Notwithstanding any other provision in this section, nothing in this chapter prohibits an employer from making an adverse employment decision, or printing or publishing a notice or advertisement for employment that discloses a preference or limitation, based on justice-impacted status when permitted by, and made in accordance with state or federal law, regulation, rule, or government contract, including, but not limited to:
a. Positions that involve work with children; and
b. Positions in law enforcement.
Nothing in this chapter is intended to conflict with the provisions, requirements, or exceptions set forth in Minn. Statutes Chapter 364 .
(b) Property rights and public assistance. The provisions of section 139.40 (e) relating to tenant-based federal, state or local subsidies, including, but not limited to, rental assistance, rent supplements, and housing choice vouchers, or any requirement of such a program, shall not apply to:
(1) Renting or leasing a room in an owner occupied single-family dwelling.
(2) Renting or leasing a single-family dwelling, a single dwelling unit, or a single dwelling unit of a condominium, townhouse, or housing cooperative, by the owner of the dwelling or dwelling unit, for no more than thirty-six (36) months, when such dwelling or dwelling unit is an owner occupied homestead at the start of the thirty-six (36) month period.
(3) Renting or leasing a dwelling with two (2) dwelling units when a person who owns or has an ownership interest in the dwelling is residing in the other dwelling unit.
(4) Renting or leasing a single-family dwelling, a single dwelling unit, or a single dwelling unit of a condominium, townhouse, or housing cooperative, by the owner of the dwelling or dwelling unit, while the owner is on active military duty and when such dwelling or dwelling unit is an owner occupied homestead at the start of the active military duty.
(c) Property rights. The provisions of section 139.40 (e) do not prohibit an owner of a dwelling or dwelling unit from:
(1) Abiding by laws restricting the occupancy of a dwelling or dwelling unit to a maximum number of people.
(2) Screening any person who will occupy a dwelling unit based on rental or lease history as allowed by the public assistance program applicable to the rental or lease, or any other non-discriminatory criteria, including, but not limited to, past conduct or the ability to pay their applicable portions of the rent or lease.
(3) Abiding by applicable laws, regulations, or this Code, and provisions of Minn. Statutes, Chapter 504B.
(d) Property rights and housing for older persons. Notwithstanding the provisions of this chapter or any other law to the contrary, no person shall be deemed to have committed an unlawful discriminatory practice based upon age or familial status if the unlawful discriminatory practice alleged is accomplished for the purpose of maintaining housing that qualifies as housing for older persons.
(e) Educational institutions. Notwithstanding the provisions in section 139.40 (k):
(1) It is not an unlawful discriminatory practice for a religious or denominational educational institution to limit admission or give preference to applicants of the same religion or denomination. The provisions of section 139.40 (k) relating to sex shall not apply to a private educational institution, or branch or level of a private educational institution, in which students of only one (1) sex are permitted to enroll.
(2) Nothing in this chapter shall prohibit an educational institution from discriminating on the basis of academic qualifications or achievements or requiring from applicants information which relates to academic qualifications or achievements.
(3) It is not an unlawful discriminatory practice for an educational institution to operate or sponsor separate athletic teams and activities for members of each sex or to restrict membership on an athletic team to participants of one (1) sex, if this separation or restriction meets the requirements of Minn. Statutes, Section 121A.04.
(4) Nothing in this chapter shall prohibit an educational institution from taking adverse action against a student or applicant with justice-impacted status where such action is taken in accordance with existing policies and the institution reasonably considered the following factors:
a. Whether the individual was convicted of the offense;
b. The length of time since the alleged offense or conviction;
c. The nature and gravity of the alleged offense or conviction;
d. The impact of the alleged offense or conviction on the learning environment and the health and safety of fellow students and staff;
e. Any evidence of rehabilitation efforts offered in support of the student or applicant; and
f. The effect on the individual's ability to become licensed, or otherwise legally permitted, to practice the profession, under local, state or federal law, for which the student or applicant is seeking, and the institution is providing, educational services.
(f) Professional organizations. Nothing in this chapter shall prohibit a professional association from taking adverse action against a member with justice-impacted status where such action is taken in accordance with existing policies and the institution reasonably considered 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 alleged offense or conviction;
(4) The impact of the alleged offense or conviction on the health and safety of other members;
(5) Any evidence of rehabilitation efforts offered in support of the individual; and
(6) The effect on the individual's ability to be licensed, or otherwise legally permitted, to practice the profession, under local, state or federal law, with which the organization is affiliated.
(g) Housing status. This chapter does not prohibit any distinction, differential treatment, inquiry, or determination on the basis of housing status including an individual's physical address, mailing address, or lack thereof, 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.
(h) Height and weight. The provisions of this chapter relating to height and weight do not apply to an action by a covered entity based on a person's height and weight when such an action is required by federal, state, or local law or regulation. Additionally:
(1) In the area of employment, it is an affirmative defense that an individual's height or weight prevents the individual from performing the essential functions of the job, and there is no accommodation the covered entity could reasonably make that would allow the person to perform the essential functions of the job without placing an undue hardship upon the employer 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 individual or others.
(2) In the areas of public accommodation, housing, and education, it is an affirmative defense that a covered entity's decision based on height or weight criteria is reasonably necessary for the execution of the normal operations of such covered entity, and there is no alternative action the covered entity could reasonably take to reconcile the conflict without placing an undue burden upon the entity 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 individual or others.
(3) Nothing in this subdivision prevents a covered entity from offering incentives that support weight management as part of a voluntary wellness program.
(i) Justice-impacted status. This chapter does not prohibit any distinction, differential treatment, inquiry, or determination on the basis of justice-impacted status if 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. (Ord. of 12-30-75, § 3; 82-Or-114 , § 3, 6-25-82; 87-Or-040 , §§ 5, 6, 3-13-87; 88-Or-108 , §§ 2, 3, 6-17-88; 90-Or-275 , § 2, 11-9-90; 92-Or-063 , §§ 7, 8, 5-22-92; 93-Or-132 , § 3, 8-27-93; 2003-Or-108 , § 1, 8-22-03; 2006-Or-061 , § 3, 6-16-06; Ord. No. 2017-010 , § 3, 3-24-17; Ord. No. 2017-078 , § 1, 12-8-17; Ord. No. 2025-022 , § 3, 5-1-25)