Ban the Box Laws in Minnesota: Criminal History in Hiring

Federal law does not establish a uniform ban-the-box requirement. The Equal Employment Opportunity Commission (EEOC) has issued guidance that blanket exclusions of individuals with criminal histories may violate Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) if they have a disparate impact on protected classes. However, the EEOC permits employers to consider criminal history if there is a business-related justification and the inquiry uses an individualized assessment.

The Fair Credit Reporting Act (15 U.S.C. § 1681) does not regulate criminal inquiries directly but governs how consumer reporting agencies may report criminal information. Federal contractors and certain federal licensees may have additional restrictions under executive order and agency regulations, but these vary by agency and contract type.

Without a federal ban-the-box statute, most protection comes from state and local laws. Minnesota's statute is one of the most protective in the nation, requiring a sequenced inquiry process rather than merely allowing consideration of criminal history.

Minnesota Statutes section 364.021 prohibits private employers with one or more employee from requesting information about an applicant's criminal history, including arrests, charges, conviction records, and incarceration, on a written application form or in an initial interview. This applies regardless of whether the conviction has been dismissed or the record sealed.

Minnesota's law is significantly stronger than the federal baseline because it creates an absolute prohibition on initial inquiry, whereas federal law only restricts blanket policies without individualized assessment. The state covers all private employers (even single-person operations), while some federal statutes apply only to employers with 15 or more employees.

Once a conditional job offer has been made or during a final interview, an employer may inquire about convictions (but not arrests or charges that did not result in conviction). Even then, the employer must conduct an individualized assessment under Minnesota Statutes section 364.03, considering factors such as the nature and severity of the conviction, time elapsed since conviction, rehabilitative efforts, and job-relatedness. The employer must also provide written notice of its decision to deny employment based on criminal history and give the applicant an opportunity to respond.

Minnesota also protects sealed and expunged convictions under section 609A.02. If a conviction has been sealed or expunged, the applicant may legally answer "no" to any question about that conviction, and employers cannot hold it against them. Public sector employers have different rules under section 364.09, which requires individualized assessment but allows inquiry at different stages for certain positions (law enforcement, corrections, child care, etc.).

Remedies under Minnesota law include civil penalties up to $1,000 per violation, actual damages, lost wages, and attorney fees. The statute is enforced through private civil action.

Minnesota law contains several important exceptions. First, public employers (state and local government) are not covered by section 364.021 and may have different inquiry rules based on position type. Law enforcement, corrections, and child care positions at public agencies may be subject to different timelines and requirements under section 364.09.

Second, certain professional licenses and specific job categories may trigger different obligations. Some licensed professions (nursing, teaching, counseling) may have separate statutory requirements to disclose criminal history regardless of general ban-the-box rules. However, even where such disclosure is required, Minnesota law provides some protection: expunged and sealed convictions still do not need to be disclosed.

Third, the criminal inquiry ban does not apply to questions about arrests that did not result in conviction or charges that are still pending. Employers may not inquire about arrests alone; they are limited to actual convictions. Charges dismissed or acquittals may not be treated as convictions.

Fourth, if an employer conducts a criminal background check through a third-party agency after making a conditional offer, the Fair Credit Reporting Act (15 U.S.C. § 1681) applies separately and requires proper disclosures and opportunity for the applicant to dispute inaccurate information. This does not override Minnesota law but adds procedural requirements.

Fifth, employers are not prohibited from considering criminal history if it is revealed by the applicant voluntarily or discovered during a background check conducted after a conditional offer. However, even then, individualized assessment rules under section 364.03 apply.

Step 1 — Document the violation. Keep records of all job application materials you submitted, including the application form itself. Save copies of any written or email communication from the employer asking about criminal history before the conditional offer stage. Note the job title, employer name, application date, and the specific questions asked. If an interview occurred, document what questions were asked verbally, the date, time, and location, and who conducted the interview. Write down names of any witnesses present.

Step 2 — Understand the internal complaint process. While Minnesota law does not require an internal complaint process before filing a civil action (unlike Title VII), it may be strategically valuable to send the employer a written letter explaining the violation and requesting a response. This creates a paper trail and may prompt the employer to correct the practice. However, this step is optional and not a prerequisite to filing a lawsuit.

Step 3 — Determine the appropriate filing venue. Minnesota ban-the-box violations are enforced through private civil action in Minnesota District Court, not through a state agency like the Minnesota Department of Human Rights (which handles other employment discrimination claims). You do not file with the EEOC for pure state ban-the-box violations, though you may file with the EEOC if the violation also involves federal discrimination (e.g., the employer asked about criminal history only for a protected class). File in the District Court in the county where the employer is located or where the unlawful practice occurred. The filing deadline is generally 4 years from the date of violation under Minnesota Statutes section 541.05.

Step 4 — Prepare to file a civil action. Contact an employment law attorney licensed in Minnesota. Provide all documentation from Step 1. The attorney will draft a complaint alleging violation of section 364.021 (and possibly section 364.03 if a conditional offer was made). Include claims for civil penalties (up to $1,000 per violation), actual damages (lost wages if you were not hired, emotional distress), and attorney fees. File the complaint in the appropriate Minnesota District Court and serve the employer according to Minnesota Rules of Civil Procedure. No administrative complaint is required before filing in court.

Step 5 — Expect the discovery and litigation process. After the complaint is filed, both parties exchange documents and may conduct depositions (recorded interviews). The employer will likely defend by arguing the question was asked after a conditional offer or that it was unaware of the ban-the-box law. If the case proceeds, a judge or jury will determine liability and damages. Settlement negotiations often occur before trial. Consult your attorney about settlement offers.

Step 6 — When to consult an attorney. Contact an employment law attorney immediately if you applied for a job in Minnesota and were asked about criminal history on an application form or initial interview before a conditional offer was made, or if you believe you were not hired because the employer discovered your criminal history improperly. Minnesota ban-the-box claims can be brought individually or potentially as a class action if multiple applicants were subjected to the same unlawful practice. Many employment attorneys work on contingency for civil rights cases.