Hiring
Advertising
What are the requirements relating to advertising open positions?
All advertisements must be non-discriminatory on the basis of race, age, gender and other protected categories. Advertisements must specifically note whether applicants are sought to replace workers engaged in a labor dispute.
Background checks
(a)Criminal records and arrests
An employer cannot make a criminal records inquiry in an initial application for employment. Thereafter, the employer may make inquiries regarding conviction of felonies (for any time period) or certain misdemeanors (within five years). An employer must conduct criminal record searches in a non-discriminatory manner. Employers cannot pick and choose which candidates to perform criminal records checks on. Further, any criminal records checks which utilize state criminal history records must comply with state law.
(b)Medical history
Most pre-employment medical inquiries and examinations are barred by the state’s Anti-Discrimination Act. An employer can condition employment on a post-offer medical exam.
(c)Drug screening
Pre-employment drug tests are permissible if conducted with adequate procedural and privacy protections and in a non-discriminatory manner. Post-employment, reasonable suspicion and post-accident testing may also be permitted. Random testing may be permitted for employees in “safety sensitive” positions, and for those subject to random testing under federal law.
(d)Credit checks
Massachusetts has its...
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