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Hiring and Interviewing

Pre-Employment Prohibited Practices

The Minnesota Human Rights Act, and Minnesota Statutes, section 363A.08, subd. 4(a), provides it is an illegal, discriminatory employment practice for an employer; before a job applicant is hired; to require or request the person to furnish information that pertains to the following: race, religion, national origin, public assistance, sex, color, marital status, sexual orientation, familial status, age, creed, or disability.

This prohibition includes pre-employment information sought or obtained by any of these means:

  • Application form
  • Job interview
  • Physical exam/health history
  • Third-party sources, (Example: prior employer, employment agency, background check.)


Limited, narrow exceptions exist for a Bona Fide Occupational Qualification (BFOQ) such as, affirmative-action tracking and selection information (which must be maintained separately from the employment application), national security or pursuant to state or federal rule, regulation or law.

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Arrest & Criminal Records

Learn more about arrest & criminal records in employment.

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Familial Status

Familial Status

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Indirect Inquiry

Preemployment requests for information

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Preemployment Inquiry & Citizenship

Preemployment Inquiry & Citizenship: Inquiring about a person's citizenship during the hiring process.

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Prohibited Pre Employment Practices

Discover when and under what conditions Preemployment Practices are illegal

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Marital Status

Learn more about marital status and the Minnesota Human Rights Act

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