Massachusetts Hiring laws & compensation compliance analysis

Massachusetts Hiring: What you need to know

The Massachusetts Fair Employment Practices Act (FEPA) prohibits hiring practices that discriminate on the basis of race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, status as a veteran, age (40 years and older), or handicap, unless the characteristic is a bona fide occupational qualification. The FEPA also prohibits employment discrimination based on a person’s membership in the military.
The FEPA applies to all public employers and to private employers with six or more employees (MA Gen. Laws Ch. 151B Sec. 1 et seq.).
Marital status. State regulations prohibit employers from making any distinction between married and unmarried women that is not made between married and unmarried men, and vice versa (804 MA Admin. Code Sec. 3.01(4)(a)(5)).
Wage or salary history. Effective July 1, 2018, employers are prohibited from seeking the wage or salary history of any job applicant from the applicant or from any current or former employer; however, the law does not prohibit a prospective employee from voluntarily disclosing his or her wage or salary history. A prospective employer may require a job applicant to confirm prior wages or salary or to permit the prospective employer to do so if the job applicant has voluntarily disclosed such information; or the employer has extended an offer of employment with compensation to the applicant.
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An employer may not request an applicant or employee to provide, or otherwise make or keep a record of, information regarding:
• An arrest or violation of law that did not result in a conviction
• A first conviction of certain misdemeanors
• Any misdemeanor conviction more than 5 years in ...

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