Legal Question in Employment Law in Massachusetts

Re: Hiring Process

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Massachusetts General Laws chapter 151B (Chapter 151B) As to outlined crminal info provides an employer may not request such information from the prospective employee, use application forms designed to obtain information about these matters, or otherwise discriminate against any person because he or she refuses to furnish such information. A private right of action is available for injunctive relief, damages for lost wages and emotional distress, punitive damages, attorneys' fees and costs. Enforcement can also be obtained through the Massachusetts Commission Against Discrimination (MCAD) for the same relief, except that the MCAD may not award punitive damages.

The Supreme Judicial Court has held that the law does not prohibit employers from requesting such information from sources other than the applicant, such as the Criminal History Systems Board, or from relying on such information if obtained from other sources in making a decision regarding hiring. Chapter 151B, � 4(9) is not a general prohibition against use of such information, but is limited to an employer's request for information from an employee or prospective employee.