Massachusetts Fair Hiring Laws - WorkforceHub
Massachusetts fair hiring laws, which include stricter regulations than federal laws such as prohibiting salary history inquiries until after a job offer with compensation details is made, requiring salary range disclosures for positions at employers with 25+ employees, and enforcing a ban-the-box policy that limits when criminal history can be requested during hiring, provide enhanced protections for job applicants beyond federal standards.
Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Massachusetts and how they differ from federal regulations.
What Are Fair Hiring Laws?
Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these relate to the process of recruiting and hiring new employees.
What Are “Ban-the-Box” Laws?
Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.
Does Massachusetts Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?
Massachusetts has multiple laws in place that differ from federal laws. Under MGL c.139, sections 105A-105D, employers are not permitted to ask about salary or wage history until an employment offer that includes compensation details has been made. Additionally, employers with 25+ employees must disclose salary ranges for all open positions. The right of employees to request a salary range for a job is protected under section 105F.
The state also has a ban-the-box law in effect, which prohibits an employer from requesting criminal history information on an initial employment application. Specific conditions may apply that allow an employer to request this information.
Do Massachusetts Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?
MGL c.139, sections 105A-105D (Massachusetts Equal Pay Law) outlines regulations around equal pay in the state of Massachusetts. Employers may not request information about previous wages or salary before issuing an employment offer.
Do Massachusetts Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?
Massachusetts follows the federal ADEA.
Do Massachusetts Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?
Disability is a protected status, and an employer may not discriminate in the hiring process based on it. The state follows the ADA.
Do Massachusetts Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?
Massachusetts does not have a specific law dictating the use of genetic information, but it is considered a protected status under Mass. General Laws c.151B, section 4.
Do Massachusetts Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?
Title VII of the Civil Rights Act of 1964 outlines protected characteristics that employers may not discriminate against when hiring. They are race, color, sex, religion, and national origin. Under Massachusetts law, employers also may not discriminate based on gender identity, genetic information, pregnancy, or sexual orientation.
Are There Different Fair Hiring Laws in Cities or Municipalities Across Massachusetts?
No, the Fair Employment Practices Law (FEPL) package that applies across the state is followed uniformly by cities and municipalities.
With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.
Related
Hawaii Fair Hiring Laws - WorkforceHub
Hawaii's fair hiring laws, while generally aligned with federal regulations, include unique provisions such as being the first state to implement a ban-the-box law limiting employer consideration of criminal convictions to specific timeframes and expanding protections under equal pay laws to cover substantially similar work, with certain employer exemptions.
Kentucky Fair Hiring Laws
Kentucky's fair hiring laws include unique state-specific regulations such as prohibiting discrimination against tobacco users by employers with eight or more employees, allowing incentives for quitting tobacco, restricting when employers can inquire about criminal convictions in hiring processes, and easing licensing barriers for individuals with felony convictions, thereby differing in several ways from federal fair hiring laws administered by the EEOC and DOL.
Georgia Fair Hiring Laws - WorkforceHub
The guide explains that Georgia's fair hiring laws include unique provisions such as the First Offender Act, which seals first-time offenders' criminal records from most background checks and prohibits discrimination against them, and a 2015 ban-the-box law for public sector employers that restricts when criminal history can be considered, highlighting differences from federal regulations enforced by the EEOC and DOL.
New York Fair Hiring Laws - WorkforceHub
The guide explains that New York's fair hiring laws, including its Equal Pay Act, age discrimination protections, and human rights regulations, are more comprehensive and stricter than federal laws, offering broader protections in areas such as pay equity, age discrimination for all ages, and disability rights, while also addressing specific hiring practices like "ban-the-box" laws.
Vermont Fair Hiring Laws - WorkforceHub
The Vermont Fair Hiring Laws, governed by the Vermont Fair Employment Practices Act (FEPA), include state-specific provisions such as a "Ban-the-Box" law restricting when employers can inquire about criminal history, and enhanced equal pay protections that prohibit wage discrimination based on sex or gender identity, going beyond federal regulations like the Equal Pay Act.
Utah Fair Hiring Laws - WorkforceHub
The article explains Utah's fair hiring laws, highlighting that while federal regulations like those enforced by the EEOC and DOL apply nationwide, Utah has specific provisions such as its 2017 ban-the-box law restricting public employers from asking about criminal history before interviews, and that some state laws, like those on age discrimination, align with federal standards, whereas others, like equal pay protections, rely solely on federal law.