Preemployment Screening and Testing: Massachusetts

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

Authors: Catherine E. Reuben and David B. Wilson, Hirsch Roberts Weinstein LLP

Summary

• Massachusetts has detailed requirements for employers using criminal history records for employment purposes. See The CORI Reform Law; Arrest and Conviction Records; Performing Background Checks.
• There are some best practices employers should follow when conducting background checks to minimize the risk of litigation. See Suggested Practices; Third Party Background Checks.
• Massachusetts law prohibits employers from using polygraph tests for employment purposes. See Polygraph Tests.
• Employers may have applicants undergo medical examinations in certain limited circumstances. See Medical Testing.
• Massachusetts law generally permits private employers to require drug testing of applicants where the employer can demonstrate a legitimate business need for the testing that outweighs the invasion into the employee's privacy. See Drug Testing.
• Massachusetts prohibits employers from requiring employees to undergo genetic testing. See Genetic Testing.