Employer regulations when doing background checks

If you’re applying for a job in Minnesota, potential employers might choose to do a background check. They must follow specific regulations while doing so.

Before the background check

Potential employers are not permitted to perform a background check without first notifying you. They must give you notice in advance and explain how they might use the background check. Once an employer has notified you and explained how the information could affect hiring decisions, you can permit them to move forward.

During the background check

Most employers acquire background checks through third-party companies. The employer must choose a company that complies with the Fair Credit Reporting Act, otherwise known as the FCRA. The FCRA exists to make sure that reports are done fairly and with as few errors as possible.

Lawyers with experience in consumer justice have often seen what happens when employers aren’t FCRA-compliant. It can be a costly mistake.

After the background check

When the background check is complete, the employer must contact you again. They need to inform you that they followed all FCRA rules. The employer also needs to state that they will not engage in discrimination.

If an employer uses information from your background check as a reason not to hire you, they must notify you. The notice must contain the background check report that motivated their decision and information about your rights under the FCRA. This notification could be helpful if your background check includes any errors. In that case, you’ll have the opportunity to correct mistakes in the report or provide context about negative information.

Most businesses follow the laws outlined above. However, if you suspect that an employer has flouted any of the requirements, you might benefit from contacting a lawyer.

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