Minnesota Selection and Testing laws & HR compliance analysis

Minnesota Selection and Testing: What you need to know

The Minnesota Human Rights Act prohibits discrimination based on race, color, creed, religion, national origin, sex (includes pregnancy, childbirth, and related medical conditions), marital status, public assistance status, familial status, membership or activity in a local commission, disability, sexual orientation (actual or perceived), or age (18 years or older),unless such factors constitute a bona fide occupational qualification (BFOQ), i.e., are required in order to perform the job in question. In addition, employers are prohibited from printing or publishing any job notice or advertisement indicating a discriminatory preference, limitation, or specification, unless such factors constitute a BFOQ. The Act applies to all employers with one or more employees (MN Stat. Sec. 363A.01 et seq.).
Retaliation prohibited. Employers are prohibited from engaging in any reprisal against an individual who has opposed unlawful discrimination, filed a charge, testified, assisted, or participated in an investigation, proceeding, or hearing under the Act (MN Stat. Sec. 363A.15). A reprisal includes any form of intimidation, retaliation, or harassment. The Act lists examples of reprisal that include refusing to hire, departing from a customary employment practice, transferring or assigning to a lesser position, or informing another employer that the individual engaged in protected activity.
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Employers are prohibited from requesting or requiring that an applicant disclose information regarding a protected characteristic, unless such information is specifically required by federal or state law or agency regulation (MN Stat. Sec. 363A.08).
Employers may administer preemployment tests, provided they are ...

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