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Preemployment Screening and Testing: Minnesota

Preemployment Screening and Testing requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Sam Diehl, Gray Plant Mooty

Summary

  • Minnesota has a background check law that is largely similar to the federal Fair Credit Reporting Act. See Minnesota Access to Consumer Reports Act.
  • For certain positions, Minnesota law requires preemployment background checks. See Mandatory Background Checks.
  • A new state law bans most employers from asking criminal history questions on job applications. See Ban the Box Law.
  • Minnesota's Drug and Alcohol Testing statute includes a number of strict requirements for employers that seek to test job applicants or current employees. See Drug and Alcohol Testing.
  • Employers should avoid testing or screening for applicants' use of alcohol, tobacco and similar products because of Minnesota's prohibition of discrimination based on use of "lawful consumable products." See Avoid Alcohol Testing of Job Applicants.
  • Minnesota has joined the nationwide legalization trend which may affect an employer's drug testing policy. See Medical Marijuana.
  • There are certain other tests that Minnesota employers may not require of job candidates. See Additional Unique Requirements.
  • Minnesota law also places limitations on the use of preemployment medical examinations by employers. See Preemployment Physical Examinations.
  • The Minnesota Human Rights Act (MHRA) has broader requirements than federal antidiscrimination statutes. In addition to characteristics protected by federal law, Minnesota employers should avoid any unnecessary preemployment screening or testing that inquires about, or screens applicants based on, sexual orientation, marital status and receipt of public assistance. See Minnesota Human Rights Act.
  • Certain contractors and subcontractors doing business with the state are subject to a mandatory E-Verify requirement for new hires. See E-Verify.