We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.
STATE LAWS — PUBLIC AND PRIVATE SECTOR
Note: Only the timing restrictions apply to the private sector.
Who must follow: This ban-the-box law applies to both public and private sector employers and licensing authorities located in Minnesota.
Timing of inquiry: Employers in Minnesota, whether public or private, may not inquire into criminal history until the applicant has been selected for an interview by the employer or, if there is not an interview before a conditional offer of employment is made.
Consideration of records: Public sector employers in the state of Minnesota are prohibited from inquiring into or using records of arrest not followed by a valid conviction, annulled or expunged convictions, and misdemeanor convictions for which no jail sentence can be imposed.
Adverse action implications:
Individualized assessment. This location requires an individualized assessment be performed for public-sector positions and positions for which a license is required.
Final adverse action notice. If a public sector employer or licensing authority denies an individual a position of public employment or disqualifies the person from an occupation for which a license is required, the hiring or licensing authority shall notify the individual in writing of the following:(1) the grounds and reasons for the denial or disqualification; (2) the applicable complaint and grievance procedure as set forth in section 364.06; (3) the earliest date the person may reapply for a position of public employment or a license; and (4) that all competent evidence of rehabilitation presented will be considered upon reapplication.
Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Minneapolis, MN.
Timing of inquiry: Public sector employers for the city of Minneapolis may only inquire into criminal history when the City has determined the position is of such sensitivity to warrant a check, and then, not until after the applicant is deemed otherwise qualified.
Adverse action implications:
Individualized assessment. This location requires the employer to conduct an individualized assessment prior to sending a final adverse action notice.
Final adverse action. If a hiring or licensing authority denies an individual a position of public employment or disqualifies the person from an occupation for which a license is required, the hiring or licensing authority shall notify the individual in writing of the following: (1) the grounds and reasons for the denial or disqualification; (2) the applicable complaint and grievance procedure as set forth in section 364.06; (3) the earliest date the person may reapply for a position of public employment or a license; and (4) that all competent evidence of rehabilitation presented will be considered upon reapplication.
NOTE: These requirements are in ADDITION to the requirements under Minnesota’s state law.
Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of St. Paul.
Timing of inquiry: Public sector employers for the city of St. Paul may only inquire into criminal history when the City has determined the position is of such sensitivity to warrant a check, and then, not until after the applicant is deemed otherwise qualified.
Adverse action implications:
Individualized assessment. This location requires the employer to conduct an individualized assessment prior to sending a final adverse action notice.
Final adverse action. If a hiring or licensing authority denies an individual a position of public employment or disqualifies the person from an occupation for which a license is required, the hiring or licensing authority shall notify the individual in writing of the following: (1) the grounds and reasons for the denial or disqualification; (2) the applicable complaint and grievance procedure as set forth in section 364.06; (3) the earliest date the person may reapply for a position of public employment or a license; and (4) that all competent evidence of rehabilitation presented will be considered upon reapplication.
NOTE: These requirements are in ADDITION to the requirements under Minnesota’s state law.
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