Massachusetts Applicant Authorization for Reference Checks
Description
How to fill out Applicant Authorization For Reference Checks?
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FAQ
Marital Status, Family, and Children An applicant's marital status and family life, including current or planned children, have no place in a reference check. For example, if a hiring manager asks about a candidate's family and does not hire the applicant, the company could be liable for discrimination.
You can legally state facts in response to a reference request. These facts may include whether your ex-employee failed a company drug test, the results of which were officially documented. In this case, you can legally state that your employee was fired or let go due to testing positive on a company drug test.
Massachusetts law allows employers to confirm prior salary or allows an applicant to confirm prior salary: (a) if an applicant has voluntarily disclosed such information; or (b) after an offer of employment with compensation has been negotiated and made to the applicant.
Unfortunately, the law in Massachusetts does not expressly protect you from a bad job reference. Your former employer is free to say what it wants about your work performance with few restrictions.
There are no federal laws that address what an employer can or can't say about a worker. Many states, however, have enacted legislation that gives employers a qualified immunity when providing information for a reference check.
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Ban-the-box laws prohibit employers from asking about a person's criminal history on a job application.
Massachusetts was one of the first states to ban the box when its criminal offender record information law went into effect in 2010. The law prohibits most employers from asking job candidates about their criminal histories on an initial written job application.
It is illegal for an employer to give a negative or false employment reference (or refuse to give a reference) because of a person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
In 2020, New Hampshire became the latest state to pass a ban the box policy. House Bill 253 prohibits public employers from inquiring about or conducting a criminal background check on prospective employees before an interview, unless required by state or federal law.
