Minnesota Employers Must Review Employment Applications and Hiring Practices Before “Ban the Box” Law Takes Effect in 2014

A new law signed by Governor Mark Dayton will significantly change how Minnesota employers gather and use information about job applicants’ criminal history. The new “ban the box” law, referring to the criminal history check-off box found on many employment applications, will prohibit private employers from asking about or considering an applicant’s criminal record or criminal history until after selecting the applicant for an interview or, if there is no interview, making a conditional offer of employment. The new law, which goes into effect January 1, 2014, will not apply to employers who have a statutory duty to conduct a criminal history background investigation or otherwise consider an applicant’s criminal history during the hiring process.