Last Updated: August 2017
We update this overview of Massachusetts background check laws and ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
State Laws — Public and PRIVate Companies
Who Must Follow: This ban-the-box law and respective background screening requirements apply to all employers in Massachusetts, both public and private.
Adverse action implications:
Pre-adverse action: Employers must identify the specific information in the report that is the basis for the potential adverse action, even when criminal history information is obtained from a source other than the State's DCJIS CORI system. This means that even employers using a commercial CRA must comply. You must also provide a copy of your CORI policy along with the pre-adverse action notice. Employers using the STATE CORI system to obtain criminal record information must also provide to the candidate a copy of DCJIS Information Concerning the Process in Correcting a Criminal Record.
Local Laws — Public And Private COmpanies