Prohibited Pre-Employment Practices
The Minnesota Human Rights Act, and Minnesota Statute, § 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, for example, prior employer, employment agency or background check
Some exceptions exist for a Bona-Fide Occupational Qualification (BFOQ), 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.