You can experience quicker growth and higher profits while preserving the security of your workplace when you hire excellent employees. You won’t find the details you need by looking up the names of your applicants online or contacting their references. The best way to make sure your hiring decisions are legal is to run a Massachusetts background check on all of your applicant.
These types of fundamental checks are also insufficient to safeguard you from employment issues and potential liability for negligent hiring. More information than what an applicant lists on their resume is needed to make these decisions. Because of this, criminal background checks are a very useful tool when selecting employees.
Landlords should perform a background investigation on prospective tenants before renting out a property to learn more about them. This will give the landlords a better idea of the tenant’s dependability, rental history, and likelihood of becoming a long-term tenant.
According to fair housing laws, landlords are not allowed to turn away tenants on the basis of their race, religion, disability, sex, ethnicity, or whether or not they are parents. Additionally, some states have stricter anti-discrimination laws. Landlords can use background checks to find out whether a tenant will pay rent, pay on time, and take good care of the property, and they can make choices based on the success of their business.
According to Massachusetts law, anyone working in public or private schools must submit to state and federal criminal background checks. Section 38R of Massachusetts General Laws Chapter 71. This page contains details on criminal history record checks, fingerprint-based criminal record checks, and criminal offender record information (CORI) checks. By conducting, interpreting, and using criminal background checks in a way that complies with the law, schools can better safeguard the students they serve while also improving the learning environment.
Massachusetts Employment Background Check Laws
All applicable federal, state, and local laws pertaining to pre-employment background checks must be complied with by employers in Massachusetts. It is crucial for you to stay up to date because these laws frequently change in response to new legislation and court rulings.
Federal Regulations on Background Checks for Jobs
A comprehensive federal law that is applicable to employers in every state is the Fair Credit Reporting Act. This law regulates how consumer reporting agencies can share and report information as well as how employers can use the consumer information they obtain. It is enforced by the Federal Trade Commission.
Consumer reporting agencies’ possession of accurate and private consumer information is safeguarded by the FCRA. According to the FCRA’s rules, employers must get consent from candidates before conducting background checks.
The law also mandates that you go through a specific adverse-action process if information from a background check report prompts you to make an unfavorable hiring decision.
The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Title VII of the Civil Rights Act of 1964, which employers must be aware of. Employers are prohibited by this law from discriminating against applicants and employees based on those individuals’ protected characteristics.
The EEOC cautions employers to exercise caution when taking criminal history information into account for background checks. Any criminal history data from a background check report should be evaluated individually and in relation to the position you are hiring for.
Massachusetts State Laws on Employment Background Checks
Background checks for jobs in Massachusetts are subject to complicated legal requirements. When writing the policies and procedures for your company’s pre-employment background check, you must be familiar with a number of laws.
Consumer reporting agencies (CRAs) are prohibited from disclosing bankruptcy and civil judgment information that is more than 14 years old, as well as criminal history information about arrests that are more than seven years old, under M.G.L. ch.93 52. However, the FCRA’s time constraints supersede the bankruptcy rule and only allow for a 10-year reporting period.
Employers who choose not to hire a candidate due to information in a background check are required by M.G.L. ch.93 62 to adhere to a specific adverse action procedure. Within ten days, you must send the applicant a written notice with the CRA’s contact information on it. The notice must also outline the applicant’s legal rights.
Employers are not permitted to base hiring decisions on an applicant’s past salaries under the Massachusetts Pay Equity Act. This includes refraining from asking potential employees about their past salaries or wages.
M.G.L. ch. 151-B, section 4, is the equivalent of a ban-the-box law in Massachusetts. Employers who are public or private are subject to this law. An applicant’s criminal history cannot be questioned on an application.
If you decide not to hire the applicant based on information about their criminal history later in the hiring process, you must adhere to the legal procedures for adverse action. Additionally, employers are required to list the details from the background check on which they based their unfavorable hiring decisions. Background checks in Massachusetts are possible from backgroundchecks, iprospectchecks, Family Watchdog, iCORI
Information that Could Be Revealed by a State Criminal History Check
- Jurisdiction in which the record was made
- Case No.
- Defendant’s Charge
- Date of filing
- Offense severity, such as misdemeanor
- Date of disposition
Background Checks for Potential Tenants
Here are a few services for batch tenant screening that can perform one search for eviction information, credit checks, and criminal records.
Background check services can cost as little as $30 for a FICO score and criminal record and as much as $55 for information on recent evictions and landlord references.
Only authorized property managers have access. comprises a thorough background check, a tenant credit check, a rental history check, and an employment verification check.
Experian charges $15 for a credit score alone.
comprehensive screening at a monthly rate for landlords with more than 100 units.
These details on a Massachusetts background can assist you complete a successfully background check in the state. Try them out and see where they take you.