Legal Question in Employment Law in Massachusetts
CORI question no conviction
My employer did our usual 2-year CORI - 1 1/2 years ago I had an arrest, I told my employer ev ervrything. Arresst for a&b, case dismissed. My employer made me disclose everything about this. the next week they inquired about a similar incident from 1994. I stated this was an invasion of my privacy, I asked if this was being written down, yes they said. I believe this is illegal. Does this violate MGL 151B or something?
1 Answer from Attorneys
Re: CORI question no conviction
MGL 151B, section 4:
Section 4. It shall be an unlawful practice
9. For an employer, himself or through his agent, in connection with an application for employment, or the terms, conditions, or privileges of employment, or the transfer, promotion, bonding, or discharge of any person, or in any other matter relating to the employment of any person, to request any information, to make or keep a record of such information, to use any form of application or application blank which requests such information, or to exclude, limit or otherwise discriminate against any person by reason of his or her failure to furnish such information through a written application or oral inquiry or otherwise regarding: (i) an arrest, detention, or disposition regarding any violation of law in which no conviction resulted, or (ii) a first conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace, or (iii) any conviction of a misdemeanor where the date of such conviction or the completion of any period of incarceration resulting therefrom, whichever date is later, occurred five or more years prior to the date of such application for employment or such request for information, unless such person has been convicted of any offense within five years immediately preceding the date of such application for employment or such request for information.
That having been said, your job may fall within the exceptions based on occupation - why do you have CORIs run every 2 years?