Authors: Sheryl D. Eisenberg and Kristy L. Avino, Hirsch Roberts Weinstein LLP

Summary

  • Massachusetts has detailed requirements for employers using criminal history records for employment purposes. See The CORI Reform Law; Arrest and Conviction Records; Performing Background Checks.
  • A 2013 law compels newly-hired teachers, school bus drivers and others to submit their fingerprints for a national criminal history check. See New Fingerprint Requirement.
  • Massachusetts law prohibits employers from using polygraph tests for employment purposes. See Polygraph Tests.
  • Employers may have applicants undergo medical examinations in certain limited circumstances. See Medical Testing.
  • Massachusetts law generally permits private employers to require drug testing of applicants where the employer can demonstrate a legitimate business need for the testing that outweighs the invasion into the employee's privacy. See Drug Testing.
  • Massachusetts prohibits employers from requiring employees to undergo genetic testing. See Genetic Testing.