Ban the Box Guidance for Multi-State Employers

A recent frequently-asked-questions (FAQ) from the Minnesota Department of Human Rights provides useful guidance for multi-state employers concerning Minnesota’s Ban the Box law.

The Ban the Box law provides that most public and private employers “may not inquire into or consider or require disclosure of the criminal record or criminal history of an applicant for employment 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 to the applicant.”  Minn. Stat. § 364.021.  The new FAQ answers two important questions about how this requirement applies to employers with multi-state operations.

Does Ban the Box Apply to Out-of-State Employers With Operations in Minnesota?  Yes.  The FAQ clarifies that the law “applies to the Minnesota operations of companies that operate in multiple states.”

How Can Minnesota Employers With Multi-State Operations Comply With the Law?  The FAQ explains that a multi-state employer can continue to use a single employment application for all potential employees, even if the application asks about an applicant’s criminal history.  However, in order to comply with the law for applicants in Minnesota, the application form must include “language on the application that is clear and unambiguous that Minnesota law provides that applicants don’t have to answer criminal background history questions.”

About Michael Miller

Michael is a Chambers-rated attorney in Briggs and Morgan's Employment, Benefits, and Labor group and is head of the firm’s Employment Law Counseling and Compliance practice group. He has 25 years experience counseling employers to prevent unwanted litigation and advises companies of ongoing changes in federal, state and local employment law. Michael advises employers in all areas of employment law including discipline and discharge, leaves of absence, wage and hour compliance, non-compete and confidentiality agreements, affirmative action plans, background checking, and drug/alcohol testing. For Michael's full bio, click here.

Posted on April 9, 2014, in Hiring and tagged . Bookmark the permalink. Leave a comment.

Comments are closed.