Legal Question in Disability Law in Massachusetts
Voluntary Self-Reporting
Our company is not yet at 50ppl but we would like to begin gathering EEO information from our employees as they begin their employment with us. What questions are we allowed to ask in terms of voluntary self-reporting for EEO and demographic information?
1 Answer from Attorneys
Re: Voluntary Self-Reporting
In Massachusetts an employer cannot not elicit any information about employee characteristics that relate in any way to his or her status as a member of a protected population. On disability, you cannot inquire into any illnesses or require disclosure of illnesses. Wether you have 50 ee or not, this type of info violates Ma discrimination law.
After an offer of employment is made, a company may have a policy that requires physical exam of all new hires.
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