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On August 6, 2010, Massachusetts Governor Deval Patrick signed into law a comprehensive bill that overhauls the Criminal Offender Record Information (CORI) system used by many employers to access the criminal histories of job applicants and employees. The new law will provide employers with access to criminal records through an online database, while simultaneously restricting the information available and imposing other requirements on employers.
Effective November 4, 2010, employers will be prohibited from requesting criminal history information on any "initial written employment application." Exempt from this provision are employers who (1) are barred by federal or state law from hiring individuals convicted of certain crimes, or (2) seek to fill positions for which conviction constitutes a disqualification under federal or state law. The law does not address whether employers can make written requests for criminal history information subsequent to an applicant's completion of an initial application form.
In addition, the following provisions of the law take effect May 4, 2012:
The law protects from liability employers who rely on the CORI database. Employers will not be liable for claims of (1) negligent hiring by reason of relying solely on CORI records obtained from the Commonwealth and not performing additional criminal background checks, or (2) discriminatory employment practices for failure to hire a person based on erroneous information within the CORI database, provided that the employer obtained and verified the CORI records in compliance with the law and made the challenged employment decision within 90 days of obtaining the criminal offender record information.
In the coming months, the newly created Department of Criminal Justice Information Services is expected to issue procedures and guidance concerning access to the CORI system and implementation of the CORI reform law. In addition to revising application forms now in advance of the November 4, 2010, effective date for that provision of the law, Massachusetts employers should review their personnel policies and procedures to prepare for the May 2012 effective date of the remaining provisions of the law.
If you have any questions associated with this legislation or criminal background investigations, please contact a member of the firm's Labor and Employment group.
Day Pitney Attorneys Daniel Schwartz, Michael Lane and Lindsey Viscomi authored the article, "Don't Be Late Paying Terminated Employees in Massachusetts," for Law360 Employment Authority.
Day Pitney Employment and Labor attorneys Glenn Dowd and Lindsey Viscomi will be presenting "Critical HR Transactions," at the CBIA 2022 Human Resources Conference on March 17 at the Trumbull Marriott Shelton.
Employment and Labor attorneys Heather Weine Brochin, Michael T. Bissinger, Howard Fetner and Trisha Efiom co-authored the article, "Keeping Up With New York's New Employment Laws," published by Employment Benefit Plan Review.
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Day Pitney Alert
Day Pitney Employment and Labor Partner Rachel Gonzalez was featured in the Diverse Lawyers Network newsletter for being a recipient of the Executive Women of New Jersey Salute to the Policy Makers Award.
Day Pitney Press Release
Employment and Labor Partner Glenn W. Dowd is quoted in the Hartford Business Journal article, "Many CT Businesses Breathe 'Sigh of Relief' After Federal Vaccine Mandate is Withdrawn."
Employment and Labor partner Glenn W. Dowd is quoted in the Hartford Business Journal article, "Small Business Anxieties Still Persist As CT's New Paid Leave Program Set To Debut Jan. 1."
Attorneys Kritika Bharadwaj, Benjamin E. Haglund, Theresa A. Kelly, Naju R. Lathia and Elizabeth J. Sher represented the firm at the South Asian Bar Association of New Jersey (SABA-NJ) 2021 Annual Gala on October 1 at The Marigold in Somerset, NJ.
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This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.