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ARTICLE · 26 NOVEMBER 2010

MCAD Issues "Fact Sheet" on CORI Reform

Foley Hoag LLP
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Last week, the Massachusetts Commission Against Discrimination issued a "Fact Sheet" regarding certain provisions of the Criminal Offender Record Information (CORI) Reform law that went into effect on November 4, 2010. Among other things, the CORI Reform law prohibits employers from asking applicants about their criminal history in an "initial written application."

United StatesEmployment and HR
Foley Hoag LLP
Foley Hoag LLP
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Last week, the Massachusetts Commission Against Discrimination issued a "Fact Sheet" regarding certain provisions of the Criminal Offender Record Information (CORI) Reform law that went into effect on November 4, 2010. Among other things, the CORI Reform law prohibits employers from asking applicants about their criminal history in an "initial written application." While the MCAD's Fact Sheet regarding this prohibition is not a formal regulation and does not have the force of law, it offers some guidance for employers regarding how the MCAD intends to enforce the law. However, the MCAD's position is controversial and leaves many questions unanswered.

The Fact Sheet states that the MCAD will presume that any written application or form requesting criminal background information prior to an interview is a prohibited "initial written application." Thus, the MCAD is taking the position that the first time an employer can ask an applicant about his or her criminal history

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