Minnesota Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Minnesota Pre-Employment Inquiries (Interviewing): What you need to know

Protected classes. The Minnesota Human Rights Act prohibits employers from asking about a job applicant's race, color, creed, religion, national origin, sex, marital status, receipt of public assistance, familial status, membership or activity in a local commission, disability, age, or sexual orientation (including gender identity) unless based on a bona fide occupational qualification (BFOQ) (Minn. Stat. § 363A.08). The Act covers all employers, regardless of size. Employers are prohibited from using application forms, interview questions, medical histories, or background checks to obtain such information before an applicant is hired.
Questions about disabilities. The Minnesota Department of Human Rights has information about prohibited preemployment inquiries and disability discrimination on its website at mn.gov/mdhr.
Genetic information. Employers are prohibited from administering, requesting, or requiring a prospective employee or an employee to take a genetic test as a condition of employment (Minn. Stat. § 181.974).
Wage history. State labor law protects an employee's voluntary disclosure or discussion of his or her wages (Minn. Stat. § 181.172). An employer cannot require an employee to agree to nondisclosure of wages as a condition of employment, sign a waiver of the right to disclosure, or retaliate against an employee for voluntarily discussing his or her wages.
In addition to voluntary disclosure of the employee's own wage information, the law protects an employee’s right to discuss another employee's wages that have been disclosed voluntarily.
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Tobacco. A separate law also prohibits bias due to an individual's lawful use of consumable products, including tobacco, ...

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