Minnesota Law Will Extend Ban the Box to Private Employers

Author: David B. Weisenfeld, XpertHR Legal Editor

Minnesota will become the third state with a Ban the Box law that applies to all employers, joining Massachusetts and Hawaii. Ban the Box refers to laws prohibiting the box on job applications that prospective employees are asked to check off if they ever have been convicted of a crime.

Minnesota was already among the eight states to have adopted Ban the Box measures. However, its law currently applies only to public employers. Effective January 1, 2014, that will change as Governor Mark Dayton signed legislation into law on May 13, 2013, extending the ban to private employers as well.

In addition to ordering the removal of the criminal history box on applications, the new law also will prohibit most private employers from asking criminal background questions until an interview takes place or a conditional job offer has been made.

Limited exceptions are provided to permit criminal history inquiries for jobs that involve working with vulnerable adults, such as those in nursing homes.

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