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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to private employers (effective January 1, 2014) and to public employers (2009). See Minn. Stat. 364.021.
Under the Minnesota law, private and public employers may not inquire into or consider or require disclosure of the criminal record or criminal history of an applicant 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. However, the law does not apply to the Department of Corrections or to public employers who have a statutory duty to conduct a criminal history background check or otherwise take into consideration a potential employee's criminal history during the hiring process.
The law does not prohibit an employer from notifying applicants that law or the employer's policy will disqualify an individual with a particular criminal history background from employment in particular positions.
State
Contacts
Employer immunity from disclosure claims
Minnesota Department of Labor and Industry
Arrest record inquiries
Minnesota Department of Human Rights
Conviction record inquiries
Minnesota Department of Human Rights
Regulations
Employer immunity from disclosure claims
Minnesota Statute 181.933, Notice of termination
Minnesota Statute 181.967, Employment references
Minnesota Statute 604A.33, Reference checks by certain health care providers and facilities
State ban the box law
Minnesota Statute 364.021, Public and private employment; consideration of criminal records
Arrest record inquiries
Minnesota Statute 364.02, Definitions
Minnesota Statute 364.03, Relation of conviction to employment or occupation
Minnesota Statute 364.04, Availability of records
Minnesota Statute 364.09, Exceptions
Conviction record inquiries
Minnesota Statute 364.02, Definitions
Minnesota Statute 364.03, Relation of conviction to employment or occupation
Minnesota Statute 364.04, Availability of records
Minnesota Statute 364.09, Exceptions
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.