This summer, the Minnesota legislature became one of the first states in the country to pass “ban the box” legislation, which Governor Dayton signed into law.
Beginning on January 1, 2014, Minn. Stat. §364.021 will prevent employers from inquiring into, considering or requiring disclosure of the criminal record or criminal history of an applicant until the applicant has been selected for an interview or a conditional offer of employment is made.
The legislation is designed to give individuals with a criminal history a better chance at jobs, by providing a chance to demonstrate their qualifications before their criminal history is disclosed. It does not, however, prevent criminal backgrounds from being considered during the hiring process.
The new law does not give employees a private cause of action, but employers violating the law will be subject to fines imposed by the Minnesota Department of Human Rights.
As we close in on the end of the year, it is important for employers to review their applications and make revisions that take of any boxes or questions about criminal history during the introductory phases of the hiring process.
If you have questions about how the new law will affect your business’s employment applications and hiring policies, contact a Minneapolis employment lawyer with LeBlanc Law & Mediation at 612-819-9652.
