Minnesota has joined a list of
states that have either introduced or have passed laws that protect employers
from negligent hiring and retention suits when hiring ex-offenders with
expunged criminal records. In addition
to the protection from expunged records Minnesota included in their “Ban the
Box” regulation a similar protection that an employee’s criminal record “may
not be introduced as evidence in a civil action against a private employer”
where “the action is based solely upon the employer’s compliance with the law
(not asking about the criminal record on the application). These laws may not
protect employers, however, if there is negligence for not performing a proper
background check in order to ensure a safe work environment.
The states of Georgia, Tennessee,
and Alabama have similar laws.
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