Minnesota’s Legal Requirements for Employment Background Checks

In Minnesota, employment background checks are governed by state and federal laws that aim to protect both employers and employees. Understanding these legal requirements is crucial for businesses looking to conduct background checks on potential hires.

Firstly, Minnesota's “Fair Employment Act” stipulates that employers cannot discriminate based on certain protected classes, including race, color, creed, religion, national origin, sex, marital status, familial status, disability, age, and public assistance status. Therefore, any background check conducted must comply with these anti-discrimination laws.

Employers in Minnesota must also adhere to the federal Fair Credit Reporting Act (FCRA). This act mandates that employers who wish to perform background checks must obtain written consent from the applicant or employee before conducting the check. The consent form must clearly inform the individual that a background check will be performed and detail the nature of the check.

Another critical aspect is the nature of the information that can be gathered. Minnesota law limits the collection of information in criminal background checks to records that are less than seven years old in most employment situations. However, positions that involve working with vulnerable populations or certain financial responsibilities may have different requirements.

Additionally, if an employment decision is made based on information obtained from a background check, the employer must provide the individual with a copy of the report and a summary of their rights under the FCRA. This step is essential for transparency and helps applicants understand how the information was used in the hiring process.

Employers are also advised to have clear policies regarding the use of background checks and to ensure that these policies are consistently applied to all applicants. This consistency is integral in avoiding claims of discrimination and fostering a fair hiring process.

Furthermore, if an employer chooses to use third-party screening companies for background checks, they must ensure that these companies comply with the FCRA guidelines. This includes ensuring that the background screening reports are accurate, and if there are any discrepancies, that the applicant is given an opportunity to correct the information before a final decision is made.

In summary, while background checks can be an invaluable tool for employers in Minnesota, they must navigate a complex landscape of legal requirements to do so correctly. Adhering to both state and federal regulations not only protects the rights of individuals but also helps employers create a fair and equitable work environment.

By understanding Minnesota’s legal requirements for employment background checks, employers can make informed decisions that will support their hiring processes while complying with the law.