Preemployment Screening and Testing: Minnesota
Federal law and guidance on this subject should be reviewed together with this section.
Author: Sam Diehl, Gray Plant Mooty
- Minnesota has a background check law that is largely similar to the federal Fair Credit Reporting Act. SeeMinnesota Access to Consumer Reports Act.
- For certain positions, Minnesota law requires preemployment background checks. SeeMandatory Background Checks.
- A new state law bans most employers from asking criminal history questions on job applications. SeeBan 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. SeeDrug 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." SeeAvoid 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. SeeAdditional Unique Requirements.
- Minnesota law also places limitations on the use of preemployment medical examinations by employers. SeePreemployment 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. SeeMinnesota Human Rights Act.
- Certain contractors and subcontractors doing business with the state are subject to a mandatory E-Verify requirement for new hires. SeeE-Verify.