8.3. SR 03-04-2013 - Laserfiche WebLink

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contact with children, youth, or vulnerable adults. The current scope of background screening is significantly more limited than the screening proposed here. The motivation to do a more thorough background screening arises from recognition of the fact that not all background screening is created equal, and there are virtually an endless variety of possibilities in terms of what sources a screen actually uses as well as the disqualifiers it applies in any particular circumstance. As we understand it, the scope of the City's current screening is basically limited to Minnesota crimes committed, leaving substantial gaps in the screening effort and potentially lack sufficient procedures to verify the identity of the person screened. The motivation to ensure strong screening is somewhat in tension with competing legal considerations. This complex of issues requires a balancing act by the City of its rights, duties, and motivations. Like other public and private employers, the City could potentially face liability for failing to screen, or for hiring or allowing an ex- offender to be in contact with vulnerable populations in performing services for the City or those who use its facilities on the other hand, the City must balance potential liability for violating the rights of individuals by conducting background screens that may not be directly job - related or that are overbroad in other respects under state or federal law. Including the City's own ordinance, the web of laws applicable to background screening is dense and complex. This memo does not attempt to set out all of these laws and their application to the City or its field users in various circumstances. Some of the most notable applicable laws that must be taken into consideration include the following: • Federal Fair Credit Reporting Act and Minnesota Access to Consumer Reports Act o These statutes require certain notice and disclosure to individuals to be screened and provides avenues for dispute of screen's accuracy • Federal Title VII and related Discrimination Laws & Minnesota Human Rights Act o These laws apply to employment and in that context preclude the City from excluding individuals based on criteria that are not directly job - related or that are too old or too speculative. Consideration of arrests, as opposed to convictions, is especially problematic under these laws. In essence, these laws require targeted screening based on an individualized assessment of the job or role to be performed by the individual in question. Only appropriate disqualifiers will pass legal muster, based on this particularized assessment considering especially the nature of the crime, the nature of the job or role, and the time elapsed since the offense. Minnesota Criminal Offenders Rehabilitation Act. o This statute applies to the City and limits how and when the City may require background screening for employment other than police and fire employment. It also prohibits exclusion from employment based on older crimes and arrests, among other things. 2