Employees harmed by unlawful polygraph use may pursue government complaints and private civil actions for damages.
GENETIC TESTING AND GENETIC INFORMATION Minnesota law prohibits employers and employment agencies from: • Directly or indirectly administering genetic tests as a condition of employment. • Requesting or requiring access to “protected genetic information.” • Affecting the terms, conditions, or continuation of employment based on genetic information. • Providing or interpreting genetic information for employment purposes. Violations can result in civil actions for up to three times actual damages , plus punitive damages, costs, attorney’s fees, and injunctive or equitable relief. The federal Genetic Information Nondiscrimination Act (GINA) similarly prohibits employers from using genetic information in hiring, firing, promotion, or other terms and conditions of employment, and restricts acquisition and disclosure of such information. USE OF CONSUMER REPORTS FOR EMPLOYMENT PURPOSES Employers who obtain consumer reports (including credit reports and many background reports) for employment purposes must follow the federal Fair Credit Reporting Act (FCRA) and • Provide the applicant or employee with a clear and conspicuous written disclosure , in a stand‑alone document, that a consumer report may be obtained for employment purposes. • Obtain the individual’s written authorization . • Certify to the reporting agency that it: • Provided the required disclosure and obtained written authorization. • Will provide a copy of the report and a summary of rights if it takes adverse action based on the report. • Will not use the report in violation of federal or state equal employment opportunity laws. Before taking any adverse action (e.g., denying employment, promotion, or assignment) based on the report, the employer must first provide: • A copy of the consumer report. • The FCRA “Summary of Your Rights Under the Fair Credit Reporting Act.” Minnesota’s Access to Consumer Reports law: Before obtaining a report, the employer must:
167
Made with FlippingBook - Online Brochure Maker