Posted May 14th, 2013 in Top Stories with Tags law, department of labor, legal, Business Law, background checks, criminal background checks, EEOC, employer liability, hiring

Minnesota Governor Mark Dayton Signs Bill Restricting Use of Criminal Background Checks in Hiring Process

On May 13, 2013, Minnesota Governor Mark Dayton signed a bill into law limiting the reliance on criminal history for employment purposes. The new law goes into effect on January 1, 2014.

The basic prohibitions state that employers cannot inquire into or consider an applicant’s criminal history until either the applicant has been selected for an interview or has received a conditional offer of employment. The bill applies to both background checks and inquiries to the applicant regarding his or her criminal history. The new law means employers need to review their hiring process and may need to update their applications for employment and related documents.

For questions on how this new change might affect your employer’s hiring practices, call labor and employment attorney Joe Schmitt at 612-305-7577.

Joe Schmitt was also included in several recent stories about the new law:

• State Senate Passes Bill Altering Job Applications [AUDIO]
• Employers Will Have to Adjust if ‘Ban the Box’ Bill Becomes Law (aired on KSTP)
• BAN THE BOX? Bills may cut criminal history from job applications
• Business forum: ‘Ban-the-box bill’ advances in the Minnesota Senate
• Statewide view: ‘Ban the box’ law would mean rewiring hiring (Duluth News Tribune)