Employment background screenings are taken seriously in Minnesota. Why? because there are numerous ways to use the authority to conduct background checks on employees unfairly, frequently to support hiring biases or to refuse jobs based on information unrelated to the job. In fact, Minnesota has very specific laws that govern when, how, and what decisions an employer can make in relation to conducting a background check mn employment procedure on potential employees.
Removing structural barriers to give Minnesotans with criminal records a fair shot at employment is a crucial part of creating strong communities.
For Black, Indigenous, Asian, and Latinx communities in particular, having a criminal record can be a major barrier to employment. For instance, the NAACP reports that Black Minnesotans are arrested more frequently than any other racial group in Minnesota.
Employers can intentionally change institutional structures that promote racial justice and create thriving communities by rethinking and implementing policies that assist people with criminal records in finding employment.
Minnesota Background Check
In Minnesota, employers use a range of background investigation techniques to confirm a candidate’s credentials or employment history, learn about their criminal background, examine their driving record, or examine their credit. Employers frequently conduct background checks that are tailored to the position; for instance, they might check a candidate’s credit history for a position in finance or their driving history for a delivery job.
In Minnesota, some employers are compelled to run background checks on workers for particular positions. Firefighters, police officers, and private security guards are some examples. Employees in Minnesota’s public schools who will regularly interact with children must submit to background checks. Workers who provide care, treatment, education, training, instruction, or recreation services may also be the subject of background checks by organizations that provide services for children.
Like all states, Minnesota requires non-profit organizations that receive grants from the Corporation for National and Community Service to conduct state and federal criminal background checks on all employees who will work with vulnerable people, such as the elderly, the disabled, or children, as well as a search of the predatory offender database.
Employers in Minnesota have two options for conducting employment background checks: they can get in touch with state, local, educational institutions, and former employers directly, or they can work with a consumer reporting agency (CRA), such as GoodHire, Iprospectcheck, . Employers can streamline the background check procedure with the aid of a qualified CRA while still adhering to local, state, and federal fair hiring laws.
The Requirements for Running Employment Background Checks in Minnesota by Your Employer
Offer the Position First
First and foremost, during the application process, employers are not permitted to conduct a criminal background check. This is due to “Ban the Box” laws, which forbid employers from even requesting a checkbox response to the question “Have you ever been convicted?” Instead, they must first complete their hiring evaluation and make you an offer, which you must accept, before conducting any criminal background checks that -may- exclude you from consideration for the position.
Get your Consent in Writing
Second, before a credit, employment, or criminal background check is conducted, your written consent is required. They may request these forms along with the job application, but they cannot conduct the checks before the job is actually offered.
Must Inform You What Sort of Background Information Will Be Examined
Three different types of background checks may be conducted by your employer. Having the fewest restrictions, employment Criminal offenses have the most written-law restrictions, credit, which responds to financial security. Your employer is required to notify you and obtain your written consent for each background check, whether it involves one, two, or all three.
Should Provide You With a Free Copy Upon Request
You have a right to know exactly what information is retrieved if an employer is conducting a background check. If you request a free copy of the background check results, your employer is required to provide it. When you sign the background check permission forms, look for the tiny checkbox requesting a copy. You can do this to get a free copy of the background check findings.
Any information Used Must be Current, Accurate, and Legal
Background checks are not always completely legitimate. They might contain information that ought to have expired (due to the statute of limitations), or they might contain information that ought to have been deleted and excluded by a court order. Your
They Have to Give You a Chance to Question or Clarify Specifics
Employers are required to give applicants the opportunity to discuss any issues with them, regardless of what turns up in their background check. There may be justifiable reasons for an otherwise ineligible entry. You might also need to explain why an expunged arrest or trial shouldn’t be made public and why. This is your chance to clarify errors and put the background check into perspective. Your employer is breaking the law if you are not given this chance before the offer is withdrawn.
This is what is involved in a background check mn employment. Whether you are an employer or an employee, you can take advantage of these details.