Massachusetts Employment Law: Protections for Employees with Criminal Records

In Massachusetts, employment law offers vital protections for employees with criminal records, ensuring that individuals are not unfairly discriminated against due to their past. Understanding these laws is crucial for both employers and employees, fostering a more inclusive workforce.

The primary statute governing this area is the Massachusetts Fair Employment Practices Act (MGL c. 151B). This law prohibits employment discrimination based on various factors, including criminal history. However, it does allow for some circumstances where criminal records can influence employment decisions.

One of the key protections for employees with criminal records is the “CORI” (Criminal Offender Record Information) law. Under this law, employers are restricted from asking about certain criminal offenses that are more than five years old, or that resulted in a misdemeanor conviction. This limitation helps individuals who have served their time to reintegrate into the workforce without the shadow of their past convictions hanging over them.

Employers in Massachusetts must also be aware of the "Ban the Box" law, which prohibits them from inquiring about an applicant's criminal history on job applications. This law aims to provide individuals with criminal records a fair opportunity to compete for jobs based on their qualifications and skills rather than their past mistakes. Employers can only conduct a background check after an initial interview has taken place, thus allowing candidates to present their qualifications first.

Furthermore, the state offers a process for the sealing and expungement of certain criminal records. Sealing a record makes it inaccessible to most employers, while expungement removes it entirely. Employees who have successfully gone through this process can pave the way for better employment opportunities, contributing to their personal rehabilitation and economic stability.

Employers should adopt fair hiring practices that assess candidates holistically rather than focusing solely on past criminal behavior. Implementing a fair chance hiring policy can enhance your company's reputation and help create a diverse workplace. Involving HR professionals in training to understand these laws is key to ensuring compliance and promoting a fair hiring process.

In conclusion, Massachusetts offers significant protections for employees with criminal records, emphasizing the importance of second chances. By familiarizing themselves with the state's employment laws, employers can create more equitable hiring processes, while employees can advocate for their rights and work towards a brighter future.