Massachusetts Fair Hiring Laws

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 related 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 identify, 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.

Massachusetts law about hiring employees