The Modern Workplace

The enactment of Minnesota's Second Chance law was in essence the second step of the Minnesota legislature in the last two years towards creating second chances for employment by persons with criminal records.  One year ago, Minnesota's Ban the Box legislation become effective. The Ban the Box law places certain restrictions on the ability of employers to seek the disclosure of criminal records from job applicants. In general, Minnesota employers may not lawfully ask job applicants to disclose their criminal history at the application stage. Employers are allowed to seek that information once the applicant has been accepted for a job interview or given a conditional job offer (if interviews are not conducted). Even though Minnesota has provided guidance to employers on the Ban the Box law, employers have still been encountering some difficulties in complying with that law during its first year. The purpose behind Minnesota's Ban the Box law is similar to the concerns that led to the enactment of the Second Chance expungement law. 

Minnesota was the third state to enact a Ban the Box law and there are now 13 states with similar laws, in addition to the enactment of such laws by several cities and counties throughout the country. In addition to the various Ban the Box state laws, the EEOC issued a guidance three years ago requiring employers to perform an individual, case-by-case analysis before rejecting a job applicant on criminal history. The EEOC has been active in enforcing that guidance. 

Such second chance laws may also actually provide benefits to employers by expanding the pool of possible job applicants and, ultimately, new employees. In any event, employers need to be aware that the landscape is shifting significantly regarding the ability to seek and ultimately obtain broad information regarding the criminal history of job applicants.