Massachusetts “Ban The Box” Law Takes Effect October 13, 2018 which will further restrict the ability of employers to consider criminal history of job applicants during the hiring process.
What does this amendment to the “Ban the Box” law mean for employers?
– Reduces the period for inquiring about misdemeanors from five years to three years.
– Employers now may not ask about a criminal record that has been expunged.
– Required written notice language in the application as follows: “An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer ‘no record’ to an inquiry herein relative to prior arrests, criminal court appearances, juvenile court appearances, adjudications or convictions.”
Nationwide, 33 states and over 150 cities and counties have adopted what is widely known as “ban the box” so that employers consider a job candidate’s qualifications first—without the stigma of a conviction or arrest record. Borne out of the work of All of Us or None, these initiatives provide applicants a fair chance at employment by removing the conviction history question from job applications and delaying background checks until later in the hiring process.
For more information on “Ban the Box” laws specific to your state or locality, visit https://www.nelp.org/.
*National Background Investigations, Inc. is not a law firm. Please contact your Employment Attorney for questions regarding “Ban the Box” laws in your area.