Skip to the main content.
New! Continuous MVR monitoring
Driving record monitoring

Ongoing monitoring of driving records can help employers avoid risk and improve driver safety. Learn about the benefits of adding Verified Credentials' newest solution to your screening strategy.

Read the blog ›

Featured resource

Industry-Trends-Report-01

Learn the latest trends in employment background checks. This report uses real-life usage data to uncover how employers are screening across industries.

Download the full report ›

Verified Credentials is a leading background screening company. Since 1984, we’ve helped validate and secure relationships through the use of our comprehensive screening solutions. We offer a wide variety of background checks, verifications, and innovative screening tools.

Get to know us ›

Accredited background screening solutions

Logo-PBSA-Accreditation-120x98

Our accreditation confirms that our policies, processes, and employee training meet rigorous industry compliance standards.

Learn about our solutions ›

2 min read

Minnesota Supreme Court Sets the Record Straight on Municipal Employer Liability

A recent court decision has changed how Minnesota courts analyze whether municipalities may be liable for their hiring decisionsemphasizing that municipal immunity has its limits.

Historically, Minnesota law generally shielded a municipality’s hiring decisions from liability under the commonly used discretionary-function exception. In the recent case of Minor Doe 601 v. Best Academy et al., the Minnesota Supreme Court held that this exception is not automatic—and it should not allow a municipality to escape liability from a negligent hire, unless the hiring decision truly reflected policy-level decisions. This case sets the precedent in Minnesota that municipality employers cannot forego due diligence when it comes to taking proper safety precautions through screening and employment verifications.

 

The Catalyst

Historically, Minnesotan municipalities have been protected from tort liability for policy-level decisions under the discretionary-function exception, Minnesota Statutes section 466.03, subdivision six. In Minnesota, a charter school may be considered a municipality, along with any city, county, town, public authority, public corporation, special district, school district, or other political subdivision. Also in Minnesota, a municipality’s hiring decisions were categorically considered policy-level decisions. In other words, in most cases, a municipality’s hiring decisions have been historically protected from liability for employee misconduct—including charter schools.

On February 26, 2025, the Minnesota Supreme Court decided a case that likely sets a new tone for what municipal employers might expect in terms of liability when making hiring and employment decisions in the future.

 

Minor Doe 601 v. Best Academy

In the case of Minor Doe 601 v. Best Academy et al., a student filed a lawsuit against their charter school after being sexually assaulted by a teacher employed by the school. This teacher had a history of sexual abuse allegations from his previous employment, which the school did not discover in its hiring process.

Lower courts concluded that the charter school was categorically and necessarily immune from liability under the discretionary-function exception to municipal tort liability. The Minnesota Supreme Court disagreed.

The Minnesota Supreme Court held that the discretionary-function exception should not be applied broadly, and that a municipality must present evidence that its decisions involve balancing competing economic, social, political, and financial considerations for the exception to apply.

In this case, the Minnesota Supreme Court reversed the lower courts' decisions, holding that the charter school did not present sufficient evidence to justify applying the discretionary-function exception, and the court allowed the lawsuit to proceed. In other words, the charter school could be held liable for negligently hiring a teacher who sexually abused the school’s students.

What this means for Minnesota municipalities

The Minnesota Supreme Court's conclusion emphasizes that municipalities are not always immune from liability for their hiring decisions, meaning that any organization classified as a municipality in Minnesota should perform hiring due diligence.

One issue that arose in Minor Doe 601 v. Best Academy was the fact that the charter school did not obtain reference letters or contact references, which may have prevented the school from hiring the teacher. Thorough screening and verifications can help keep students and employees safe and may mitigate a municipality's liability about its hiring decisions and practices. While this case specifically pertains to Minnesota, the principles outlined in the decision can serve as a valuable reminder for HR professionals nationwide to ensure their hiring processes are robust and comprehensive.

Interested in learning more about screening and employment verifications? Reach out to your Account Manager, or contact us to learn more.

 

This article is for informational purposes only and does not constitute legal advice or official predictions of future laws and regulations. Hiring professionals, HR professionals, and administrators should consult their legal counsel to ensure all actions comply with the law.

 

 

Minnesota Supreme Court Sets the Record Straight on Municipal Employer Liability

A recent court decision has changed how Minnesota courts analyze whether municipalities may be liable for their hiring decisions—emphasizing that...

Read More

Updates to New York’s Data Breach Notification Law Explained

In December 2024, New York Governor Kathy Hochul signed two bills amending the state’s current data breach notification law. Senate Bill S2659B and...

Read More

Expanding Employment Protections for Individuals with Criminal History in Kansas City

In 2018, Kansas City, Missouri, amended Chapter 38of the city code ordinance to expand “ban the box” initiatives, prohibiting private employers and...

Read More

Changes to Minnesota’s Drug Testing Scheme

Following the lead of some other state employer restrictions we have previously discussed, such as California’s AB-2188 and D.C.’s Cannabis...

Read More

Doe v. California Dept. of Motor Vehicles: A Look at California’s MVR Reporting and Employee Law

A recent case, Doe v. California Dept. of Motor Vehicles, could spark further discussions on how California reports motor vehicle record checks. The...

Read More

California Case Offers Insight on Potential Cost of Violating State Reporting Law

It may be apparent to employers that any violation of employment law can result in consequences. Often, the law spells out potential penalties....

Read More