Minnesota Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Minnesota and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Minnesota has a ban-the-box law in place, restricting employers from requesting information about criminal history on a job application. That information can only be requested after an employer has conducted an initial interview or made a conditional offer of employment. Some employers may be exempt under Minnesota Statute §364.021.

Does Minnesota Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Some of the laws in Minnesota do differ from federal fair hiring laws.

Do Minnesota Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

Under the Minnesota Equal Pay for Equal Work law, employers may not pay different wages to individuals working in jobs that require equal responsibility, effort, and skill, as well as operate under similar working conditions. The law does not apply to federal or state governments or municipal corporations following a merit-based civil service system.

Do Minnesota Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

The Minnesota Human Rights Act (MHRA) includes protections for workers ages 18 and over, preventing age-based discrimination in the workplace. By contrast, the federal ADEA only protects workers ages 40 and over.

Do Minnesota Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

The MHRA also includes protections for individuals with disabilities. The law qualifies the condition of disability, requiring it to “materially limit” a person’s major life activities. This language differs from the federal law, which requires that a disability “substantially limit” activities. The lower threshold provides protections for individuals with other conditions.

Do Minnesota Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Minnesota follows the federal GINA regarding discrimination based on genetic information in hiring.

Do Minnesota Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

Under the MHRA, employers are restricted from discriminating against employees based on protected characteristics when making hiring decisions. The state law also includes sexual orientation, familial status, and marital status as protected classes. Additionally, the law covers all Minnesota employers, while the federal law applies only to employers with 15+ employes.

A recent amendment to the MHRA defines race to include any traits associated with race, including (but not limited to) hair styles and texture, with examples of locs, braids, and twists explicitly mentioned.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Minnesota?

No, there are no differing fair hiring laws in cities or municipalities across Minnesota.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.