The Federal Trade Commission has issued model notices and guidance on FCRA compliance and on proper disposal of consumer‑report information (burning or shredding paper records and securely erasing electronic files; vendors may be used if due diligence is done).
TESTING RECORDKEEPING Federal law imposes record retention rules related to employment testing:
• Under the Age Discrimination in Employment Act , results of employment and physical tests must generally be retained for at least one year from the personnel action (e.g., hiring, promotion, or termination). • Federal alcohol and controlled substances testing regulations (e.g., DOT rules) have specific retention periods ranging from one to five years , depending on the type of record. These requirements are updated periodically and published in federal regulations and guidance; employers should consult current DOL, EEOC, and DOT resources or counsel. BACKGROUND CHECKS For some positions, Minnesota law requires background checks. Examples include: • Licensed security guards (Bureau of Criminal Apprehension checks). • Certain counselors and health‑care workers, including employees, contractors, and volunteers of home‑care providers and hospices, subject to Department of Human Services background studies and, more recently, fingerprinting requirements for individuals working with seniors and other vulnerable adults. • Certain property managers for residential rental property. For other roles, employers may choose to conduct background checks but should proceed carefully to: • Avoid discrimination claims (e.g., disparate impact based on race or national origin). • Comply with the ADA, the Minnesota Human Rights Act, FCRA, and Minnesota’s Access to Consumer Reports law. “Ban‑the‑box” and cost‑shifting restrictions: • Private employers in Minnesota generally may not ask about an applicant’s criminal history on an initial application and may only inquire after an interview or, if no interview is conducted, after making a conditional offer. • Employers may not require applicants or employees to pay for the costs of required criminal or background checks, credit checks, orientation, or mandatory training/testing, except where the cost relates to obtaining or maintaining a professional license, registration, or certification needed for the employee’s role. Given the interplay of federal and state laws, employers planning to use background checks beyond clearly mandated situations should obtain legal advice and implement written, consistently applied background‑check policies.
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