Minnesota Enacts “Ban the Box Law” Prohibiting Employment Application Criminal History Checkmark Boxes and Restricting Criminal Record Inquiries Until After Interviews or Conditional Job Offers

Effective January 1, 2014, recent amendments to Minnesota law will restrict the timing of pre-employment inquiries by most private employers into a candidate’s criminal past. Employers who are not exempted from the law may not: (1) inquire into or consider or require disclosure of criminal record information until the applicant has been selected for an interview or, if there is not an interview, until a conditional job offer of employment has been extended to the applicant, and (2) use any form of employment application that seeks such criminal record information. Minnesota and multi-state employers need to consider whether their uniform job application and backgrounds check inquiries comply with applicable law, including Minnesota’s new law. Given all of the recent attention on background checks by the EEOC, other agencies and plaintiffs’ lawyers, this is also a good time for employers to review their application and hiring process. This process review should consider restrictions on use of criminal information under EEOC guidance and certain state laws and use of credit information under others and also should ensure federal and state FCRA compliance.

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