When is the last time you had your employment application
reviewed for legal compliance? Unless it
has been within the past several months, it is time to do it again (or for
the first time).
Effective January 1, 2014, private employers in Minnesota will be prohibited from inquiring into or requiring disclosure of a job applicant’s criminal record or criminal history until the applicant has been selected for an interview or, if there is no interview process, has been given a conditional offer of employment. The common inquiry on employment applications regarding criminal convictions must be discontinued by most employers.
The new law does not apply to employers who have a statutory obligation to conduct criminal background checks or otherwise take into consideration potential employees’ criminal history during the hiring process. The law does not prohibit employers from conducting criminal record checks, but they may not ask about criminal records or history on the application or conduct the background check until the interview or offer stage.
The law, colloquially known as “Ban the Box,” referring to the practice of having a box on the application for an applicant to check if he or she has a criminal record followed by space for more information, has been in place for public employers for many years. The most recent legislature amended the statute to extend the ban to private employers and provided for a graduated penalty schedule that gives employers time to adjust to the new restriction.
No penalty is better than a light penalty, so you should take steps to be incompliance with the new law by January 1, 2014.