Applications - Massachusetts

Summary of differences between federal and state regulations

There is no one federal law that specifically addresses employment applications, although there are record retention guidelines under a variety of federal laws (see the Recordkeeping topic) and non-discrimination provisions for hiring in general (see the Discrimination topic). 

Massachusetts has a number of laws regarding employment applications: 

Employers may not request, on the initial written application form, criminal record information; provided, however, that except as otherwise prohibited by subsection 9, an employer may otherwise inquire about any criminal convictions on an applicant's application form if: 1. the applicant is applying for a position for which any federal or state law or regulation creates mandatory or presumptive disqualification based on a conviction for one or more types of criminal offenses; or 2. the employer or an affiliate of such employer is subject to an obligation imposed by any federal or state law or regulation not to employ persons, in either one or more positions, who have been convicted of one or more types of criminal offenses.

It is unlawful for an employer to use any form of application that expresses discrimination regarding a person’s race, color, religion, national origin, sex, sexual orientation, age, genetic information, ancestry, handicap of an otherwise qualified person, unless based on a bona fide occupational qualification. Ch. 151B, Section 4, (3.) 

An employer may not inquire on an employment application into an applicant’s arrest in which no conviction resulted, a first conviction for certain misdemeanors (drunkenness, simple assault, speeding, minor traffic violations, disturbance of the peace), or any conviction of a misdemeanor that occurred more than five years prior to the application. Ch. 151B, Section 4, (9.) 

No application for employment shall contain any questions or requests for information regarding the admission of an applicant, on one or more occasions, voluntarily or involuntarily, to any public or private facility for the care and treatment of mentally ill persons, provided that such applicant has been discharged from such public or private facility or facilities and is no longer under treatment directly related to such admission. Ch. 151B, Section 4, (9A.) 

All applications for employment within the Commonwealth of Massachusetts must contain a notice in clear legible print that it is unlawful to require a lie detector test as a condition of employment. Ch. 149, Section 19B (2) (b) 

Every application for employment which requires the applicant to set forth his experience history shall contain a statement that the applicant may include any verified volunteer work. MGL Ch. 149, Section 52B

Salary history information 

Effective July 1, 2018, employers may not ask questions related to the salary history of an applicant or employee until after an offer of employment is made.

State

Contact

Massachusetts Department of Labor and Workforce Development

Regulations

EFFECTIVE NOVEMBER 4, 2010: Massachusetts General Laws Chapter 151B, Section 4, subsection 9 ½
(See Section 101 of Session Laws Chapter 256: https://malegislature.gov/Laws/SessionLaws/Acts/2010/Chapter256)

Massachusetts General Laws Part I, Title XXI, Ch. 151B, Section 4, (3.)
MGL Part I, Title XXI, Ch. 151B, Section 4, (9.)
MGL Part I, Title XXI, Ch. 151B, Section 4, (9A.)
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151b/Section4

MGL Part I, Title XXI, Ch. 149, Section 19B (2) (b)
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section19b

MGL Part I, Title XXI, Ch. 149, Section 52B
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section52b

Federal

Contacts

None.

Regulations

None.