Posted April 22nd, 2013 in Top Stories with Tags background checks, criminal background checks, EEOC, employer liability, hiring, law, department of labor, legal

Minnesota Senate Passes Bill Restricting Use of Criminal Background Checks in Hiring Process

On April 20, the Minnesota Senate approved legislation restricting the ability of employers to inquire into the criminal histories of prospective employees. Pending a vote from the House and approval of Governor Dayton, the legislation takes effect January 1, 2014.

The full bill is available on the Minnesota State Legislature website, but 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 legislation would mean employers need to review their hiring process and may need to update their applications for employment and related documents. Penalties associated with this law start at $500 per violation.

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