Minnesota — Hiring & Onboarding

Which employers does the Minnesota Human Rights Act cover—and are any exempt?

By default, the Minnesota Human Rights Act (MHRA) applies to any employer with one or more employees—that is, if you hire even a single person in Minnesota, the MHRA’s prohibitions on discrimination apply. (Minn. Stat. § 363A.03, subd. 16)

However, the MHRA includes several limited statutory exemptions, where the core employment-discrimination rules (Minn. Stat. § 363A.08) do not apply:

• Family-member domestic hires — If your employee is your own parent, grandparent, spouse, child, or grandchild, or is performing domestic service in your home, the MHRA’s employment provisions do not apply. This is a narrow carve-out: it only covers those specified family relationships and domestic service. (Minn. Stat. § 363A.20, subd. 1(1))

• Religious or fraternal organizations — These employers may impose a religious or sexual orientation qualification for employment, but only when religion or sexual orientation is a bona fide occupational qualification (BFOQ) for that specific job. The exemption language in the statute: "…when religion or sexual orientation is a bona fide occupational qualification for employment." (Minn. Stat. § 363A.20, subd. 2)

• Non-public service organizations for minors — Organizations whose primary function is to provide occasional services primarily to minors (such as scouting or youth sports/arts groups) may impose sexual orientation qualifications for staff or volunteers. The law uses "occasional services primarily to minors"—the quoted phrase tracks the statute. (Minn. Stat. § 363A.20, subd. 3)

What about tribal employers or most family-owned businesses? No, there is no general exemption for tribal employers or for family-owned businesses outside the domestic or close-family context; those employers remain fully within the Act unless the above statutory carve-outs apply. (Minn. Stat. § 363A.20)

These exemptions are strictly statutory. Unless an employer fits one exactly—like hiring a parent for home care or requiring a youth minister to share the organization’s faith—Minnesota’s broad anti-discrimination law applies. Most businesses, and all tribal employers, fall under the Act.

Source: Minn. Stat. § 363A.03, subd. 16; Minn. Stat. § 363A.08; Minn. Stat. § 363A.20

Minnesota’s pay history inquiry ban, effective January 1, 2024, applies broadly to all employers (public and private), employment agencies, and labor organizations operating in Minnesota, regardless of the physical location of the employer or applicant so long as the work is to be performed in Minnesota. The Minnesota Department of Human Rights (MDHR) has clarified: if a company’s main office is out of state but an employee will work remotely from Minnesota, the law applies—the employer cannot ask or consider salary history (MDHR FAQ, Scenario 1).

Staffing agencies. The statute and MDHR guidance both explicitly extend the prohibition to employment agencies. This covers recruiters, search firms, and temporary placement agencies—none can request, require, or rely on an applicant’s pay history to set compensation in Minnesota placements, regardless of whether the agency or client is located outside Minnesota so long as work is performed in-state or for a Minnesota job.

Government and public employers. The law applies to the state itself and to all local governments. MDHR guidance confirms no governmental or quasi-public exception: “all public, private, and nonprofit employers” are covered (MDHR Guidance).

Recordkeeping. While the ban is enforced as an unfair employment practice under the Minnesota Human Rights Act, there is no express recordkeeping requirement unique to pay history inquiries. However, Minnesota’s personnel record law generally requires employers to allow employees to review personnel records (Minn. Stat. § 181.960), so employers should ensure that applications and interview forms comply and omit any request for pay history.

Enforcement actions and pitfalls. As of June 2026, there are no published MDHR enforcement actions or settlements specifically illustrating violations by remote employers, staffing agencies, or government units, nor formal guidance beyond the general coverage scenarios listed above. The MDHR website is the best source for the latest updates.

Source: Minn. Stat. § 363A.08, subd. 8; Minnesota Department of Human Rights: Pay History Guidance; Minn. Stat. § 181.960

Minnesota (statewide) — Ban-the-Box criminal history inquiry timing: Under Minn. Stat. § 364.021, public and private employers in Minnesota may not ask about or consider an applicant’s criminal history until after they are selected for an interview, or (if no interview is conducted) after a conditional offer is made. This statutory timing rule has covered private employers since January 1, 2014. The Minnesota Department of Human Rights is the enforcement authority for the statewide rule. (Source: Minn. Stat. § 364.021)

Minneapolis — no confirmed local Ban-the-Box overlay for private employers: As of June 28, 2026, review of the City of Minneapolis Code of Ordinances (Title 7, Civil Rights) and published ordinances reveals no additional, currently-enforced requirement regarding the timing or individualized assessment of criminal history in private employment beyond what Minnesota law imposes. Secondary references to "justice-impacted status" protections are not corroborated in primary ordinance text. (See Minneapolis Code of Ordinances Title 7 — no relevant provision as of last search.)

Saint Paul — no current local Ban-the-Box or Fair Chance employment ordinance: Review of the Saint Paul Code of Ordinances (Ch. 183 Human Rights) confirms that criminal history or "justice-impacted status" is not a protected class for employment purposes. No city provision imposes additional Ban-the-Box or individualized assessment rules for private employers. (See Saint Paul Code of Ordinances Chapter 183

At the start of employment, every Minnesota employer must provide each new hire a written notice containing detailed pay and employer information, as mandated by the Minnesota Wage Theft Prevention Act (Minn. Stat. § 181.032(d)-(f)). This goes well beyond a generic wage statement. The statute lists the following required elements:

Required notice content (Minn. Stat. § 181.032(d)):

• The rate or rates of pay, and how pay is calculated (hour, shift, day, week, salary, piece, commission, or other method), including how any additional rates apply.
• Allowances for meals or lodging that will be claimed.
• Paid time-off accruals (such as vacation or sick) and the terms of their use.
• Whether the employee is exempt or nonexempt from minimum wage, overtime, and other provisions of Minn. Stat. ch. 177, and the basis for any exemption (e.g., the white-collar executive exemption).
• A list of deductions that may be made from pay.
• The number of days in the pay period, the regularly scheduled payday, and the date when the employee will receive the first payment.
• The employer’s legal name and "doing business as" (DBA) name, if applicable.
• The physical address of the employer’s main office, and a mailing address if different.
• The employer’s telephone number.

Signature and retention requirement (Minn. Stat. § 181.032(e)): The notice must be signed by the employee acknowledging receipt. Employers must keep a copy of the signed notice.

Language and translation requirement (Minn. Stat. § 181.032(e)):

• The notice must be provided in English and must include commissioner-provided text (available from the Department of Labor and Industry) stating that the employee may request the notice in another language.
• If the employee so requests, the employer must provide the notice in the requested language. The commissioner supplies translated templates and assists employers in compliance.

Change in terms (Minn. Stat. § 181.032(f)): If any information in the written notice changes, the employer must give written notice of the change to the employee before the change takes effect. The change notice need not be signed by the employee, but must be provided in writing.

Source: Minn. Stat. § 181.032

Minnesota's Drug and Alcohol Testing in the Workplace Act (DATWA) sets out strict requirements for pre-employment drug and alcohol testing of job applicants. An employer may lawfully require a drug or alcohol test only after extending a conditional offer of employment, and must apply the same testing policy to all applicants for the same position. (Minn. Stat. § 181.951, subd. 2)

Written policy and applicant notice: • Employers must have a written testing policy that is provided to applicants before testing. The policy must state: (a) the employees and job applicants subject to testing; (b) circumstances under which tests may be requested; (c) the right to refuse and consequences of refusal; (d) the right to explain positive results; (e) the right to a confirmatory retest; (f) any other appeal rights; and (g) notification that information will be received by the employer and may be disclosed as necessary (Minn. Stat. § 181.952, subd. 2).

Acknowledgment and consent: • Before testing, the applicant must sign a form acknowledging receipt of the policy and granting consent to test. The acknowledgment/consent must be on a form approved or provided by the commissioner and retained by the employer. (Minn. Stat. § 181.953, subd. 6(a))

Confirmatory testing and retesting rights: • If the initial test result is positive, the employer cannot withdraw the job offer or take adverse action until a confirmatory test is completed. The applicant must be notified of the right to submit additional information, explain the result, and request a confirmatory retest of the original sample at their own expense. The request for a retest must be made within five working days after notice of a positive confirmatory test. (Minn. Stat. § 181.953, subds. 3, 7, 9)

Restrictions on cannabis discrimination: • With limited exceptions (e.g., federally regulated or safety-sensitive positions), an employer may not refuse to hire an applicant solely because of a positive test for cannabis or cannabinoids. (Minn. Stat. § 181.951, subd. 8(b))

In short, Minnesota requires strict procedural steps and written disclosures before an employer may rely on drug/alcohol tests in the hiring process. Failure to comply risks substantial liability and invalidation of test results.

Source: Minn. Stat. § 181.951; Minn. Stat. § 181.952; Minn. Stat. § 181.953