Primary navigation

    Background investigations

    After selecting one or two finalists for the vacancy, the next step is to conduct a background investigation. This investigation may include various employee screening mechanisms, most commonly:

    • Work history verification
    • Verification of education and professional licenses
    • Driving records
    • Criminal conviction records

    Ensure that the screening methods you choose are directly related to the specific job requirements.

    The Equal Employment Opportunity Commission (EEOC) advises that any pre-employment inquiries that disproportionately screen out members of minority groups or a particular sex, and that do not validly predict successful job performance or cannot be justified by business necessity, are unlawful. Under EEOC laws, it is illegal to discriminate based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information. Additionally, it is illegal to retaliate against anyone for complaining about discrimination, filing a charge of discrimination, or participating in an investigation or lawsuit regarding discrimination.

    The Minnesota Human Rights Act (Minnesota Statutes § 363A) further prohibits seeking or obtaining information regarding race, color, creed, religion, national origin, sex, sexual orientation, marital status, public assistance status, disability, age, or involvement in local commissions, unless such information is a bona fide occupational qualification or required by law.

    Recommended Background Checks

    Here are the recommended background checks to conduct if you are not already doing so:

    • Verification of Work History: At a minimum, confirm the dates of employment with former employers. This can help identify discrepancies in candidates' applications or resumes. If the information you obtain does not match the application, please inform the Merit System office, as falsifying application information can lead to removal from the eligible list. 
    • Verification of Education and Professional Licenses: If a degree or professional license is part of the minimum qualifications for the position, the Merit System will verify this information. If it is not a requirement, you may choose to verify it yourself.
    • Driver’s License Verification: For positions that involve transporting clients, verify the candidate’s driver’s license and driving record as part of the background check.
    • Background Checks for Psychotherapists: Under Minnesota Statutes, §§ 604.20-604.205, inquiries must be made to current and former employers regarding any requests for or occurrences of sexual contact between psychotherapists and their patients or former patients. This applies to job classifications such as social workers, chemical dependency counselors, mental health workers, and psychologists.
    • Background Studies for County Child Protection Workers: As mandated by Minnesota Statutes, §626.559, subd. 1b, the county must complete background studies. This can be done either through the Department of Human Services NETStudy 2.0 system or via an alternate process defined by the county, such as contracting with a background check company or using the county’s human resources procedures.

    NETStudy link:  https://mn.gov/dhs/general-public/background-studies/netstudy-2.0-background-study-changes/ (THIS LINK NOT WORKING. WHAT PAGE IS TARGET?)

    • Fingerprinting of staff who have access to federal tax information (FTI) See page 27 of the IRS publication here: https://www.irs.gov/pub/irs-pdf/p1075.pdf    If you use NETStudy for all of your newly hired employees, fingerprinting is part of the process.
    • Criminal history checks. It is recommended that you conduct these on your finalists. There is a free service offered by the Bureau of Criminal Apprehension (BCA) which contains data on criminal convictions for the past 15 years. Link to BCA website: https://dps.mn.gov/divisions/bca/Pages/background-checks.aspx

    Please be aware that Minnesota Statutes, §364 (WANT A LINK?) , the Criminal Offenders Rehabilitation Act, prohibits the disqualification of candidates for public employment because of a prior criminal conviction unless the conviction relates directly to the position or employment sought.

    back to top