Massachusetts: Updates to the State’s Ban-the-Box Rules

APPLIES TO

All Employers of MA Employees

EFFECTIVE

October 13, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Governor recently signed SB 2371 amending the Criminal Offender Record Information Reform Act to increase restrictions on employee criminal history inquiries. Specifically, employers cannot inquire into convictions for misdemeanors where the date of conviction occurred three or more years (down from the current five year limitation) from the date of the employment application, unless there was an intervening conviction. Additionally, employers may not inquire about criminal records that have been sealed or expunged.

Importantly, employers who seek information about prior arrests or convictions of applicants must include the following statement on employment applications:

“An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions.  An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer ‘no record’ to an inquiry herein relative to prior arrests, criminal court appearances, juvenile court appearances, adjudications or convictions.”

Action Items

  1. Update employment applications to include the new required language.
  2. Have background check procedures reviewed and revised consistent with the Act’s amendments.
  3. Have hiring personnel trained on updated requirements.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2018 ManagEase

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