Massachusetts Consent to Credit History, Background and Reference Check by Potential Employee

State:
Multi-State
Control #:
US-04330BG
Format:
Word
Instant download

Description

This is a consent form to be signed by a potential Employee, permitting a credit history, background and reference check to be performed by the Landlord or Employer.


Businesses rarely prosper by treating employees unfairly. Successful businesses, particularly in nonunion settings, are a meritocracy. People are selected because of their qualifications and are advanced because of their performance. While commendable, this simple rule is not enough to avoid Equal Employment Opportunity (EEO) legal pitfalls. In Hawaii, for example, an employment application that inquires into felony convictions is unlawful on its face and can expose well-meaning employers and their individual managers to thousands of dollars in damages. The key to EEO compliance is depth of knowledge of the law and how it applies to your business. Here is our compliance and loss prevention approach.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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FAQ

You must always obtain written consent before doing any kind of criminal background check on a prospective employee. It is illegal to single out a particular candidate for a background check, so it is always best to perform a background check only after a job offer has been presented.

Is my employer allowed to conduct criminal background check on me as part of the hiring process? Yes, but employers must obtain your written permission before accessing your CORI records through the state system.

The best time to run a background check during the hiring process is after a conditional job offer has been shared with a candidate, but before their employment is finalized. Some employers like to run checks on all applicants that go through the interview process.

Thanks to the Fair Credit Reporting Act (FCRA), employers can't go checking your credit history behind your back. They must have written consent before pulling an applicant's credit history.

According to the 2018 HR.com report, employers typically assess applicants based on their long-term credit history four to seven years overall unlike lenders. That means if there is a big discrepancy from a few years ago, an employer may still ask you about it even if your most recent credit history is healthy.

Federal law does not prohibit employers from conducting background checks before an offer of employment is made. State laws, however, may have restrictions. Although in most states a standard background check can be conducted prior to an offer, a small number of states do not allow it.

The Massachusetts Pay Equity Act prohibits employers from screening applicants based on their salary histories. This includes a prohibition on requesting information from applicants about their salary history or prior wages. Massachusetts also has a ban-the-box law found in M.G.L. ch.

The applicant must provide written consent for the background check. If the pre-employment check is compulsory for hiring, the business must state it clearly in their written policies. The employee has the right to be notified about checks being conducted about their reputation, lifestyle, history, or character.

Unfortunately, while federal laws prevent discrimination in the workplace regarding race and gender, no such laws exist to prevent being denied a job due to poor credit history. So yes, in most states your credit report can influence the hiring decision.

Credit Checks: In Massachusetts, a Consumer Reporting Agency may release applicant's credit reports to employers. However, before requesting a credit report an employer must inform applicants in writing that a credit report will be requested.

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Massachusetts Consent to Credit History, Background and Reference Check by Potential Employee