Massachusetts

Massachusetts.svg

EmployeeScreenIQ serves an impressive roster of clients ranging from Fortune 100 organizations to mid-size corporations representing a diversity of industries. So whether you employ people in Massachusetts, throughout the United States or in over 200 countries abroad, we are your one stop shop for employment background checks.

Listed below are some things that those who conduct employee background checks in the Commonwealth of Massachusetts should know.

State Capital

Boston

Counties

Massachusetts has 14 counties.

State Court Structure

  • Trial Courts: The Massachusetts District Court hears a wide range of proceedings including criminal, civil, housing, juvenile and mental health matters. District Court criminal jurisdiction extends to all felonies punishable by a sentence up to five years, and many other specific felonies with greater potential penalties; all misdemeanors; and all violations of city and town ordinances and by-laws.
  • The state also has 14 Superior Courts which have exclusive original jurisdiction in first degree murder cases and original jurisdiction for all other crimes. It has jurisdiction over all felony matters, although it shares jurisdiction over crimes where other Trial Court Departments have concurrent jurisdiction.
  • Appellate Courts: The Massachusetts Appeals Court is the state’s intermediate appellate court. The court hears most appeals from the departments of the Trial Courts of Massachusetts.
  • Supreme Court of Massachusetts: The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts.

Federal Court Structure

Trial Courts:

  • United States District Court for the District of Massachusetts

Appellate Court:

  • Federal cases in Massachusetts are appealed to the United States Court of Appeals for the First Circuit

Ban the Box Laws

  • Massachusetts has a statewide ban the box law.
  • City and County Ban the Box: Boston, Cambridge and Worcester

Credit Report Restrictions

Massachusetts does not have a law that restricts the use of credit reports in the hiring process.

Other Limitations on Screening for Employers

Employers in Massachusetts cannot ask applicants about non- convictions and some minor offenses. Employers may not make decisions based on misdemeanor convictions more than 5 years old. In addition, it is a violation of the policies of the Massachusetts Commission Against Discrimination to request a copy of a probation or arrest record. Before inquiring about a criminal record, an employer must provide the applicant with a copy of the record.

Medical Marijuana

The state of Massachusetts has a law which legalizes medical marijuana.

Social Media

There are no laws in the state of Massachusetts that restrict or limit private employers from accessing and requesting employee/candidate log in information for personal social media accounts.

The information on this page is provided as general educational information and is not legal advice, either express or implied. Consultation with qualified legal counsel is recommended for all matters of employment law.