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Massachusetts Background Checks on Applicants, Know Your Legal Rights
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In 2012, the Massachusetts legislature enacted a law that prohibits employers from asking about criminal record information on their initial written applications. However, employers may ask applicants to disclose information about certain types of convictions during an interview. If an employer wishes to ask an applicant about his or her criminal history in an interview, certain rules apply.
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Background checks are often used by employers as part of the pre-employment screening process. Employers may be able to access certain information about applicants through the use of criminal background checks and credit checks, but the amount of information they will be able to access will depend on whether the particular employer is a public or private organization, the type of industry, and the nature of the position. In this article we will discuss the use of criminal records in the interview and pre-employment screening process; our next article will discuss the use of credit checks.
Prospective employees with criminal records may face some challenges in the employment process. However, Massachusetts provides applicants with criminal records fairly strong protections when it comes to obtaining and using criminal record information in the employment process.
If an employer chooses not to hire an applicant because of information contained in a CORI report, the employer must provide the applicant with a copy of the report. Employers who rely on CORI reports when making an employment decision are not liable if they choose not to hire an applicant based on inaccurate information contained in a CORI report. If the employer makes the decision not to hire an applicant within 90 days of obtaining the report, and if there were no other discriminatory reasons for denying the applicant employment, then the employer is not liable for choosing not to hire the applicant based upon the belief that the information in the CORI report was correct.
Background Checks on Applicants – Massachusetts Law Offers Certain Protections
Prospective employees with criminal records may face some challenges in the employment process. However, Massachusetts provides applicants with criminal records fairly strong protections when it comes to obtaining and using criminal record information in the employment process.
Sankey Law Criminal Defense is committed to serving the legal needs of each client — whether that means fighting an OUI/DUI arrest, drug related charges, or other criminal charge in Massachusetts.