Your Job: Background Checks, Medical and Drug Tests and More

See our fact sheet Discrimination and Harassment at Work.

Employers can require you to give a list of references – people who you have worked for or who know you.

Employers can get your credit records from a credit reporting agency. They have to tell you first that they are going to do that AND get your permission in writing. They have to tell you if anything in the credit report is used against you in the hiring decision. They have to give you a copy of the report and a summary of your rights.

You have the right to fix or argue about information in the report. See our fact sheet, Credit Reports.

Employers can check criminal records. They don’t need your permission to get county records themselves, but they do need your permission if they use a background check company. You also have to give permission if they want to look at FBI or state BCA records. If you say no, they can turn you down for the job.

The law says that a private employer can’t ask you about your criminal record or do a criminal background check until you are asked to do an interview or get a conditional job offer. Initial job applications can’t have a check box asking if you have a criminal record.   

Employers have to do a criminal record check for some jobs like health care workers, public school employees and apartment managers. They should only use conviction records if there is a business reason for it. The employer cannot make you pay for a record check.

Tell the truth about your criminal history. It is much worse to lie about a conviction than to tell about it up front and explain what you have done since then to turn your life around. If you are not truthful about your criminal history, and are fired, you may not be able to get unemployment benefits.

Public Employers: This means city, state, and county governments and agencies. Minnesota Law says that a conviction can’t keep you from getting public jobs or keep you from getting a state license unless the crime directly relates to the work. Even then, you should not be turned down for the job if you can show that you can do the job and are “rehabilitated.” Rehabilitated means you have changed and are not likely to commit the crime again.

Public employers can’t use information about arrests, annulled or expunged convictions and petty misdemeanors when you apply for a public job or a license, like a barber’s license.

Employers can use personality or psychological tests to screen job applicants after a job offer. They can’t use lie detector tests or genetic tests.

• Drug, Alcohol, and Cannabis (Marijuana) Tests

   If an employer wants you to take a drug or alcohol test you have to get notice in writing. They can only do the test after they give you a job offer. Everyone who is told they can have the job if they pass the test must be given the same test.

   The employer can take back the job offer if you refuse to take the test or if you don’t pass it. In general, they can’t take back the job offer because you only tested positive for cannabis.

  But they can take back the job offer if you are applying to work a safety sensitive job. That’s things like:

• a peace officer or firefighter,
• working with children or vulnerable adults,
• in healthcare, working directly with patients, or
• when it's a state or federal law

If they take back the offer, they have to tell you why and give you written notice about your right to explain or argue the results. If your test is positive for drugs or alcohol, you can ask for a re-test, but your employer can usually make you pay. You don’t have to pay if you did an oral liquid test (saliva samples). If you want a re-test, you have to tell the employer within 48 hours if you did an oral liquid test. If you were tested by a lab and failed, you also need to ask for a re-test in writing. You need to do this within 5 working days from when your employer told you that you failed. 
 

• Medical Exams
  The employer can only say you have to take a medical exam after they give you a job offer. All other applicants in the same job as yours must be asked to take the same exam you are. The employer must pay for the medical exam. If the exam shows you can’t do the main duties of the job, they can take back the job offer. They have to tell you the reason for the decision within 10 days of the final decision.
   
• Disabilities and Medical Conditions
  The employer can take back the job offer if you aren’t able to do the main parts of the job because of a physical or mental medical condition. If you have a disability but can do the job with a “reasonable accommodation” the employer has to give you that accommodation. (See below) But an employer can take back the offer if your disability is a serious threat to health and safety at work.
   
• Reasonable Accommodations
  If you have a disability, the employer must make “reasonable accommodations” if needed to help you do the job. The accommodations can’t be an “undue hardship” on the employer. This means that the employer must make reasonable changes in the workplace or work policies.
  
  For example, if you need extra time for restroom breaks or need to make a change in work schedule for doctor visits, these may be reasonable accommodations. If you can do the main duties of a job with reasonable accommodation, a job offer can’t be taken back because you have a disability.

Medical Exams
Your employer can only make you take a medical exam if there is a job-related reason for it. Your employer has to pay for the exam.