Interviewing and Selecting Job Candidates: Massachusetts

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Lisa Stephanian Burton and Peter J. Mee, Morgan, Lewis & Bockius LLP

Summary

• The Massachusetts Fair Employment Practices Act prohibits discrimination based on numerous protected classes and applies to private employers with six or more employees and all public employers. Supervisors and managers can be sued in their individual capacity. See Massachusetts Fair Employment Practices Act.
• Massachusetts prohibits employers from asking certain types of questions on application forms and during the hiring process. See Preemployment Inquiries.
• Massachusetts regulates employer inquiries into an applicant's arrest records. See Criminal Record Information.
• Bona Fide Occupational Qualifications are rarely a viable defense to discrimination claims under Massachusetts state law. See Bona Fide Occupational Qualifications.
• Employers must be aware that there are certain provisions governing job application forms in Massachusetts. See Employment Applications.
• Massachusetts recognizes claims for negligent hiring as well. See Negligent Hiring.