Employers want to hire the best candidates for a job. Employees wish to receive fair consideration for a position, and some might worry about how a prospective employer in Minnesota handles background checks. The law guides the performance of background checks, and applicants may benefit from learning about their rights.
Background checks and rights
First, no employer may run a background check without the express consent of the prospective employee. The employer must receive permission in writing.
A would-be employee might not feel comfortable allowing strangers to look into their background. Regardless of the reason, the applicant may say no. However, the employer may decline to consider the person for the job.
Jobseekers should realize that employers may not ask specific questions prohibited by law. Federal and state laws seek to address instances of potential job discrimination. So, asking applicants background or probing questions based on their race or sexual orientation would be discriminatory.
Employers could discriminate against employers for illegal reasons. In such instances, the jobseeker could explore legal actions. There could be situations where a background check turns up false negative information that leads to a job denial. In those scenarios, the jobseeker might need to take action to remove the inaccurate information.
It is possible to dispute information on a background check. A person could file a dispute in writing, pointing out the error. For example, a person with a similar name might be the source of the negative info.
If the reporting entity does not correct the disputed information within 30 days, legal action might be necessary to fix the record. Otherwise, false information may continue to appear on background checks.