MINNESOTA BACKGROUND SCREENING

In Minnesota, employers are allowed to conduct background screenings on potential employees, but there are some restrictions on what information can be obtained and how it can be used.

What information can be obtained?

Employers can obtain information about a potential employee's criminal history, driving record, education, and employment history. They can also obtain information about a potential employee's credit history, but only if the position is for a job that involves handling money or other sensitive financial information.

How can the information be used?

Employers can use the information they obtain in a background screening to make hiring decisions, but they cannot discriminate against a potential employee on the basis of race, color, religion, national origin, sex, age, or disability.

Exemptions from background screening laws

There are a few exemptions to the background screening laws in Minnesota. For example, employers are not required to conduct background screenings on employees who are only working for them for a short period of time, such as temporary or seasonal employees. Additionally, employers are not required to conduct background screenings on employees who are working in certain industries, such as the arts or entertainment industry.

How to conduct a background screening?

Employers can conduct background screenings themselves or they can hire a third-party company to do it for them. If an employer chooses to conduct the background screening themselves, they must follow the Fair Credit Reporting Act (FCRA). The FCRA is a federal law that regulates the use of credit reports and other personal information.

If an employer chooses to hire a third-party company to conduct the background screening, they must make sure that the company is reputable and that it follows all applicable laws.

Disputing inaccurate information

If a potential employee finds inaccurate information on a background screening report, they can dispute the information with the company that provided the report. The company must investigate the dispute and correct any inaccurate information.

Conclusion

The background screening laws in Minnesota are designed to protect both employers and employees. Employers can use background screenings to make informed hiring decisions, but they cannot discriminate against potential employees on the basis of protected characteristics. Employees have the right to dispute inaccurate information on background screening reports.

Ban the Box

In addition to the general background screening laws, Minnesota also has a "Ban the Box" law. This law prohibits employers from asking about a job applicant's criminal history on an initial job application. Employers can still ask about an applicant's criminal history after they have been interviewed and have been deemed qualified for the position.

The Ban the Box law was enacted in Minnesota in 2014. The law was designed to help people with criminal records get back into the workforce. Studies have shown that the Ban the Box law can help to reduce recidivism rates and increase employment rates for people with criminal records.

Fair Chance Hiring

In 2019, Minnesota passed a law that expands the Ban the Box law. The new law, known as the Fair Chance Hiring Act, prohibits employers from asking about a job applicant's criminal history until after they have been interviewed and have been deemed qualified for the position. The law also prohibits employers from refusing to hire someone solely because they have a criminal record.

The Fair Chance Hiring Act was enacted in response to the fact that many people with criminal records are unable to find employment. The law is designed to help people with criminal records get back into the workforce and to reduce recidivism rates.

Conclusion

The background screening laws and the Ban the Box law in Minnesota are designed to help both employers and employees. Employers can use background screenings to make informed hiring decisions, but they cannot discriminate against potential employees on the basis of protected characteristics. Employees have the right to dispute inaccurate information on background screening reports. The Ban the Box law and the Fair Chance Hiring Act are designed to help people with criminal records get back into the workforce and to reduce recidivism rates.