Outside Publication

Interviewing and Selecting Job Candidates: Massachusetts, XpertHR Employment Law Manual

June 2014

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. Massachusetts prohibits employers from asking certain types of questions on application forms and during the hiring process. Massachusetts regulates employer inquiries into an applicant’s arrest records. Bona Fide Occupational Qualifications are rarely a viable defense to discrimination claims under Massachusetts state law. Employers must be aware that there are certain provisions governing job application forms in Massachusetts. Massachusetts recognizes claims for negligent hiring as well.

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