Update: Massachusetts Amends their Ban the Box Regulation

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Massachusetts made changes to their Ban the Box ordinance. These changes will go into effect on October 13, 2018. (reprinted from CareerBuilder Employment Screening)
Under Massachusetts law, employers are prohibited from asking for information about an applicant’s criminal history on an “initial written employment application” (this is referred to as the “ban the box” provision).
After the “initial written employment application,” Massachusetts employers are still restricted on the types of criminal history questions they may ask applicants. Massachusetts employers may not ask for information about the following types of criminal history:
  1. An arrest, detention, or disposition regarding any violation of law in which no conviction resulted;
  2. A first offense for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace; and
  3. Any conviction of a misdemeanor where the date of conviction, or the completion of any period of incarceration resulting therefrom, occurred three or more years prior to the date of the application, unless such person has been convicted of any offense within the preceding three-year period.
    1. This restriction was reduced from five-year period.
  4.  An applicant’s criminal record that has been sealed or expunged. 

 

NOTE: CareerBuilder Employment Screening, LLC is not a law firm.  Nothing presented in this communication is intended or should be construed as legal advice. You should always seek the advice of your own legal counsel.
Copyright 2017 CareerBuilder Employment Screening, LLC.  All rights reserved.
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About the Author:

John McBride, SPHR, SHRM-SCP is the Director of National Recruiting with Consentium Search, a woman-owned National Executive and Management Search Firm based out of Short Hills, NJ specializing in recruiting Safety, Environmental, Occupational Health, Risk, Human Resources and Case Management professionals. John is a self-described ‘recovering corporate executive’ having spent in excess of twenty years in roles such as Director of Human Resources and Director of Risk Management including oversight of the Safety function for 55,000 employees, He is certified as a Senior Professional in Human Resources (SPHR) and Society for Human Resource Management Senior Certified Professional (SHRM-SCP). He is an active member of the American Society of Safety Engineers (ASSE), the National Safety Council (NSC) and Society for Human Resource Management (SHRM). John has spoken both locally and nationally for ASSE, NSC, SHRM; the US Army’s “Tip of the Arrow” Ultimate Warrior Demobilization Program to ready our forces for the return to civilian jobs; and the Risk and Insurance Management Society (RIMS) on Career Development, Networking and Employee Productivity. He also volunteers with the American Diabetes Association, Habitat for Humanity and is Past President of the Society of Human Resource Management of Central New Jersey.
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