Massachusetts Employment Screening Overview
Massachusetts has a relatively restrictive employment screening environment, with comprehensive ban-the-box rules limiting criminal history inquiries on initial applications, a salary history ban prohibiting wage inquiries before making an offer, and strong protections for sealed and expunged records.
Credit checks for employment are currently permitted under federal FCRA and state consumer report rules (MGL c.93 s.51). H.1434, which would have prohibited most employer credit checks, passed the House in 2024 but died in the Senate. Employers should monitor the 194th session for reintroduction.
Employers should be aware of specific timing requirements for background checks, mandatory adverse action procedures, and notice obligations when using criminal history in hiring decisions; federal requirements and local ordinances may also apply.
What's Permitted
- Criminal history inquiries generally permitted after initial written application stage
- Credit reports for employment permitted with FCRA compliance (no state-specific credit check restriction currently in effect; H.1434 died in Senate, 193rd session)
- Drug testing permitted for most private employers without comprehensive state restrictions
- E-Verify voluntary for most employers; federal contractors may have separate requirements
What's Prohibited
- Requesting criminal history on initial written job applications, for most employers
- Asking applicants to provide copies of their own CORI records
- Seeking salary history before making a compensation offer
- Using sealed or expunged records in employment decisions
Ban the Box Laws
StatewideStatus Summary
Massachusetts bans criminal-history questions on initial applications (limited exceptions); bars non-convictions, sealed/expunged, first‑offense minor misdemeanors, and most misdemeanors >3 years; and requires pre‑adverse‑action notice and dispute rights. See M.G.L. c.151B §4 (https://malegislature.gov/Laws/GeneralLaws/PartI/T... and AG guidance (https://www.mass.gov/guides/guide-to-criminal-reco...
Key Requirements
Massachusetts General Laws Chapter 151B, Section 4
Overview of statewide ban-the-box protections:
- No criminal questions on initial applications
- Exceptions only for legally mandated disqualifications
- No inquiries about arrests without convictions
- First-time minor misdemeanors are protected
- Pre-adverse notice and individualized assessment required
Sources: https://malegislature.gov/Laws/GeneralLaws/PartI/T... | https://www.mass.gov/info-details/massachusetts-la... | https://www.mass.gov/doc/ag-campbells-know-your-ri...
Chapter 69 of the Acts of 2018 (Criminal Justice Reform Act)
Summary of key 2018 amendments:
- Reduced misdemeanor lookback to three years
- Prohibits inquiries into sealed or expunged records
- Requires expungement notice language on forms
- Provides negligent-hiring protections when unaware
- Effective October 13, 2018
Sources: https://malegislature.gov/Laws/SessionLaws/Acts/20... | https://www.mass.gov/info-details/criminal-record-... | https://www.mass.gov/info-details/massachusetts-cr...
Ban the Box Best Practices for Massachusetts Employers
- Exclude criminal-history questions from initial written applications.
- Include statutory expungement notice on any criminal inquiry forms.
- Request criminal history only after substantive interview occurs.
- Obtain written authorization and provide pre-adverse action notice.
- Conduct individualized assessments; avoid blanket disqualifications; document decisions.
Salary History Ban
StatewideMassachusetts Equal Pay Act (MEPA)
Short summary: https://malegislature.gov/Laws/GeneralLaws/PartI/T... https://www.mass.gov/doc/ago-equal-pay-act-guidanc...
- Cannot seek salary history pre-offer
- Voluntary disclosure may be confirmed
- May verify salary after offer made
- Prior salary not defense for pay
- Applies to virtually all employers
An Act Relative to Salary Range Transparency
Short summary: https://www.mass.gov/info-details/pay-transparency...
- Employers with 25 or more employees
- Disclose pay ranges in all postings
- Provide ranges to applicants and employees
- Applies to positions with MA primary workplace
- Enforced by AGO; fines escalate
Important Distinction
MEPA applies to all employers regardless of size, bars seeking salary history, forbids using prior salary as a defense, and applies to employees with a Massachusetts primary place of work. https://www.mass.gov/info-details/learn-more-detai... https://malegislature.gov/Laws/GeneralLaws/PartI/T...
Salary History Best Practices for Massachusetts Employers
- Do not ask salary history before offering compensation
- Do not elicit voluntary disclosures; allow applicant-initiated disclosure
- Verify prior pay only after making an offer with compensation
- Contract and train recruiters to ensure MEPA compliance
- Disclose pay ranges in postings if 25 or more employees
Consumer Credit Checks
RestrictedMassachusetts does not currently have a state law restricting employer use of credit reports for employment decisions. H.1434 (An Act Reducing Barriers to Employment Through Credit Discrimination) passed the Massachusetts House on 14 March 2024 but was referred to the Senate Ways and Means Committee on 6 May 2024, where it received no further action. The 193rd General Court session ended 31 December 2024 and the bill died. Credit checks remain permitted under FCRA and MGL c.93 s.51. A similar bill may be reintroduced in the 194th session (2025-2026). Employers should follow standard FCRA procedures and monitor legislative developments. https://malegislature.gov/Bills/193/H1434 https://malegislature.gov/Laws/GeneralLaws/PartI/T...
Key Requirements
Fair Credit Reporting Act (FCRA)
Federal law governing consumer reports for employment:
- Employers must provide written disclosure.
- Employers must obtain written authorization.
- Pre-adverse notice five business days.
- Seven-year limit for some adverse info.
- Private damages and enforcement remedies.
Source: Massachusetts hiring guidance -- https://www.mass.gov/info-details/massachusetts-la...
MGL Chapter 93 Section 51 (Consumer Reports)
State rule permitting consumer reports for employment:
- Employers may request credit reports.
- Must follow disclosure and consent rules.
- Use subject to federal FCRA.
- Authorization documentation should be retained.
Source: MGL Chapter 93 Section 51 -- https://malegislature.gov/Laws/GeneralLaws/PartI/T...
MGL Chapter 93 Section 62 (Adverse-Action Notice)
State requirements when adverse action is taken:
- Written notice within ten business days.
- Identify consumer reporting agency contact.
- Advise free report within sixty days.
- Explain dispute procedures and rights.
Source: MGL Chapter 93 Section 62 -- https://malegislature.gov/Laws/GeneralLaws/PartI/T...
H.1434 (An Act Reducing Barriers to Employment Through Credit Discrimination) -- NOT ENACTED
Proposed credit-check restriction that did not become law:
- Passed the House on 14 March 2024.
- Referred to Senate Ways and Means on 6 May 2024.
- No further action taken; bill died when the 193rd session ended 31 December 2024.
- Would have prohibited most employer credit checks with narrow exemptions.
- A similar bill may be reintroduced in the 194th session (2025-2026).
MGL Chapter 93A (Consumer Protection)
Consumer-protection statute relevant to screening practices:
- Prohibits unfair or deceptive practices.
- Private treble damages available.
- Can apply to unlawful credit checks.
- Enforced by Attorney General and courts.
Source: Chapter 93A overview -- https://www.mass.gov/info-details/massachusetts-la...
Statute: https://malegislature.gov/Laws/GeneralLaws/PartI/T...
Credit Check Best Practices for Massachusetts Employers
- Credit checks for employment are currently permitted in Massachusetts; follow FCRA and MGL c.93 s.51 requirements
- Obtain written FCRA disclosure and applicant authorization before requesting any consumer report
- Provide pre-adverse action notice and copy of report before taking adverse action based on credit information
- Follow MGL c.93 s.62 adverse-action notice requirements (written notice within ten business days)
- Apply credit check policies consistently across similar positions to avoid discrimination claims
- Monitor the 194th legislative session for possible reintroduction of H.1434 or similar credit check restriction legislation
- Document business justification for using credit information in employment decisions
Marijuana Protection
Medicinal Marijuana
Massachusetts has no comprehensive private-sector drug-testing statute; employer action on marijuana tests is constrained by privacy/case-law balancing and federal mandates. Unemployment eligibility after marijuana-related termination is case-specific under M.G.L. c. 151A, § 25.
Recreational Marijuana
Adult-use legalization does not bar workplace testing or discipline. Outside federal/DOT roles, terminations based on marijuana tests may not automatically disqualify unemployment benefits; determinations are case-specific under M.G.L. c. 151A, § 25.
Drug Testing Regulations
As of January 2026, Massachusetts has no comprehensive private‑sector drug‑testing statute; testing is governed by case law and federal mandates (e.g., DOT). See M.G.L. c.90F, §11: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90F/Section11 and M.G.L. c.151A, §25: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151A/Section25
Permitted Testing Types
Pre-Employment
Allowed for private employers, subject to federal and state exceptions.
Random Testing
Permitted for DOT/state-regulated roles; private random testing evaluated case-by-case.
Reasonable Suspicion
Permitted when employer has reasonable suspicion; must be legally justified.
Post Accident
Allowed, especially for DOT-regulated positions; otherwise requires reasonable justification.
Workers' Compensation Discount
No Massachusetts statute explicitly grants workers' compensation premium discounts tied to employer drug‑testing programs, based on reviewed sources.
Insurers or the Department of Industrial Accidents may offer guidance; confirm with insurer or state agency for current practices.
Best Practices
- Ensure DOT and federal testing compliance for safety-sensitive roles
- Document reasonable suspicion with objective, job-related evidence
- Use state-licensed, CLIA-certified laboratories for all testing
- Avoid termination solely for positive pre-employment tests
- Prohibit charging employees profit on drug-screening fees
Clean Slate Laws
NoMassachusetts lacks automatic Clean Slate; sealing is petition‑based (G.L. c.276 §100A) and S.1114 (Clean Slate) remains pending in Senate Ways & Means; employers must follow Ban‑the‑Box (G.L. c.151B §4).
E-Verify Requirements
VoluntaryWho Must Use E-Verify
Private Employers [Mass. Gen. Laws ch.149 §19C]
No state E‑Verify mandate; private employers must complete federal Form I‑9 and comply with ch.149 §19C’s prohibition on knowingly employing unauthorized aliens. https://malegislature.gov/Laws/GeneralLaws/PartI/T... https://www.mass.gov/info-details/massachusetts-la...
Federal Contractors [federal contract E‑Verify clauses]
Employers must use E‑Verify when a federal contract or grant requires it (e.g., certain prime contracts, VOCA conditions); otherwise comply with Form I‑9. https://www.mass.gov/doc/guidance-for-employers-re... https://www.mass.gov/doc/202415pbja24gg04239jagx-s...
Any other relevant groups [IRCA / Form I‑9 (USCIS)]
All employers must complete Form I‑9 per federal law (IRCA); E‑Verify remains voluntary for most unless federal contract/grant or specific federal law requires enrollment. https://www.mass.gov/doc/dcs-info-08-129-revised-f... https://www.mass.gov/info-details/massachusetts-la...
Background Check Regulations
Massachusetts employers must follow federal background‑check laws plus state-specific rules. Massachusetts restricts access and use of criminal records, requires disclosures and consent, and limits certain inquiries. Comply with both federal and state requirements and consult counsel or CRA guidance for specific procedures.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days