Are there limits to the type of background check an employer can make on a job applicant?
Minneapolis employment law attorney Marnie DeWall explains how there are several types of valid background checks.
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And they’re not so much limitations as they are paying attention to the specifics of what the employer is doing, and most importantly, how you’re using the information you get as the employer. There are a number of different types of background checks, there’s references checks, educational checks, criminal background checks, which are the most frequent and typical, as well as credit reporting checks. And what an employer needs to be careful about in doing those background checks is generally that they’re using the information in a manner that doesn’t disproportionately screen out particular groups of people based on a protected class. An employer needs to be mindful of how they’re using the information they get and be mindful of the fact that there are certain background checks, mainly criminal background checks and credit reporting checks that may actually screen particular groups of people and that may lead to a dispirit impact claim down the road.