- Appears to apply to all Minnesota employers.
- Criminal history information cannot be sought before an interview. Otherwise, an employer must wait until after a conditional offer of employment.
Who does this effect?
The Minnesota Department of Human Rights released an “FAQ for Private Employers,” which states that the ban-the-box law applies to all Minnesota employers, including the “Minnesota operations of companies that operate in multiple states.”
What does the law provide?
- Criminal history information can be sought after an interview or, if no interview, after a conditional offer of employment.
- The law does not prohibit an employer from notifying applicants that law or the employer’s policy will disqualify an individual with a particular criminal history background from employment in particular positions.
Are there any exceptions?
Does not apply to, among others, employers who have a statutory duty to conduct a criminal history background check or otherwise take into consideration a potential employee’s criminal history during the hiring process. Employers should consult with their to see if they are otherwise exempt from the law.