Minnesota has joined the league of states that have adopted “ban the box” legislation that bars most employers from obtaining or asking for an applicant’s criminal history before the applicant has either been selected for an interview or received a conditional job offer.
Additionally, the new law prohibits job applications from asking for an applicant’s criminal background.
Employers may still refuse to hire applicants with criminal histories if they can demonstrate that the need to do so is “job-related and of business necessity” or required by law or regulation. Employers may not consider arrests, only convictions.
The law takes effect Jan. 1, 2014.
Advice: Examine your hiring materials and practices to ensure they comply with the new law. Have your attorney spearhead a full audit of all your hiring processes from start to finish—including your job applications—to ensure you are in compliance.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Explore new generation of Internet-based payroll services
- Rights groups take aim at Target over criminal records
- Background checks don't protect anyone if they're ignored
- Background check isn't enough; tight supervision keeps liability at bay