Massachusetts becomes the second
state to bar both the public and private employers from requesting
applicants to disclose criminal history information. Effective
November 4, 2010, both public and private employers from requesting that
job applicants disclose criminal history information on an initial job
application (also known as “Ban the Box” legislation).
Massachusetts follows Hawaii, who in 1998 was the first state to prohibit employers from inquiring about an individuals criminal record. However, unlike Hawaii, Massachusetts does not prohibit an employer from questioning an applicant about a criminal record during the interview process or requesting a pre-offer background screening;(though inquiries about arrests that do not lead to a conviction or inquiries about certain misdemeanors such as public drunkenness, simple assault, minor traffic violations and disturbing the peace are prohibited).
The Massachusetts law does provide for two important exceptions to the prohibition requesting applicants disclose criminal records on job applications. An employer may request criminal record information on a job application if: (1) the applicant is applying for a position for which a federal or state law or regulation creates a mandatory or presumptive disqualification based on a conviction of certain criminal offenses; or (2) the employer is subject to an obligation under a federal or state regulation to not employ a person who has been convicted of certain offenses.The employer can still perform employment screening.
Should you have any questions about this legislation,you may contact us at 770-649-8282 or email Aly.Sharp@s2verify.com
Massachusetts follows Hawaii, who in 1998 was the first state to prohibit employers from inquiring about an individuals criminal record. However, unlike Hawaii, Massachusetts does not prohibit an employer from questioning an applicant about a criminal record during the interview process or requesting a pre-offer background screening;(though inquiries about arrests that do not lead to a conviction or inquiries about certain misdemeanors such as public drunkenness, simple assault, minor traffic violations and disturbing the peace are prohibited).
The Massachusetts law does provide for two important exceptions to the prohibition requesting applicants disclose criminal records on job applications. An employer may request criminal record information on a job application if: (1) the applicant is applying for a position for which a federal or state law or regulation creates a mandatory or presumptive disqualification based on a conviction of certain criminal offenses; or (2) the employer is subject to an obligation under a federal or state regulation to not employ a person who has been convicted of certain offenses.The employer can still perform employment screening.
Should you have any questions about this legislation,you may contact us at 770-649-8282 or email Aly.Sharp@s2verify.com
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