804 C.M.R. 3.02
TOPIC EMPLOYERS MAY ASK EMPLOYERS MAY NOT ASK
Age Generally, the only proper question is, "Are you Inquiry into the date of birth or age of
under 18, yes or no?" an applicant, except as indi-cated to
the left.
Questions about age may be allowed if necessary to satisfy the provisions of a state or federal law (for example, certain public safety positions have age limits for hiring and retiring). Also, if the Commission has previously identified age as a bona fide occupational qualification for the position.
Disability/ Inquiry into whether the applicant has Handicap a physical or mental disability/
handicap or about the nature or severity of the disability/handicap.
Inquiry into whether an applicant is alcoholic or drug addicted.
Inquiry into whether an applicant has AIDS.
National Origin/ "Are you legally authorized to work in the United Inquiry into the birthplace of an Ancestry/Citizenship States?" applicant or the birthplace of his or
her parent(s), spouse and/or other
An employer may require an employee to produce close relatives. documentation which evidences his or her identity and employment eligibility under federal immigration Inquiry into the national origin, laws. ancestry or ethnicity of an applicant.
Inquiry into whether an applicant for employment or an applicant's parent(s), and/or spouse are nation alized or native born citizens of the United States.
Medical Once an offer of employment has been made, an Examinations employer may condition that offer on the results of
a medical examination conducted solely for the purpose of determining whether the employee, with or without reasonable accommo-dation, is capable of performing the essential functions of the job.
880044 CCMMRR:: MMAASSSSAACCHHUUSSEETTTTSS CCOMOMMMIISSSSIION AON AGGAAIINSNSTT DDIISSCCRRIIMMIINANATTIIONON
TOPIC EMPLOYERS MAY ASK EMPLOYERS MAY NOT ASK
No questions. Inquiry into the race or color of an
Race/Color applicant.
Photograph No questions. An employer cannot ask for a
photograph to accompany an appli cation.
Religious Creed No questions, except by religious organizations as Inquiry into the religious denom
provided in 804 CMR 3.01(7)(a). ination or practices of an applicant,
his or her religious obligations, or what religious holidays he or she observes.
Sex (Gender) Generally, no questions. However, questions Inquiry into an applicant's maiden
regarding gender may be permissible if they relate to name or any question that pertain to a bona fide occupational qualification, which has only one sex (for example inquiries been ruled to be a legitimate requirement for a into marital status only asked of particular position, as provided in 804 CMR women). Inquiries into whether 3.01(3)(b)3.. applicant has children, plans to have
children, or has child care arrangements.
Sexual Orientation No questions. Inquiry into applicant's sexuality (gay,
bisexual, lesbian, heterosex-ual).
880044 CCMMRR:: MMAASSSSAACCHHUUSSEETTTTSS CCOMOMMMIISSSSIION AON AGGAAIINSNSTT DDIISSCCRRIIMMIINANATTIIONON
TOPIC EMPLOYERS MAY ASK EMPLOYERS MAY NOT ASK
CriminalRecord Employers may ask the followingseries of questions: It is unlawfulfor an employer to make
any inquiry of an applicant or
1. Have you been convicted of a felony? Yes or employee regarding: no?
2. Have you been convicted of a misdemeanor tion regarding any violation of law in within the past five years (other than a first which no conviction resulted; conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic 2. First convictions for the mis violations, affray or disturbance of the peace)? demeanors of drunkenness, simple
Yes or no? assault, speeding, minor traffic
violations, affrays or disturbance of
3. Have you completed a period of incarceration the peace. For the purposes of 804 within the past five years for any misdemeanor CMR 3.02 minor traffic viola-tions (other than a first conviction for any of the following include any moving traffic violation misdemeanors: drunkenness, simple assault, other than reckless driving, driving to speeding, minor traffic violations, affray or endangerand motor vehicle homicide. disturbance of the peace)?
Yes or no? 3. Any conviction of a misde-meanor
where the date of the conviction or
4. If the answer to question number 3 above is the completion of any period of "yes" please state whether you were convicted incarceration resulting therefrom, more than five years ago for any offense (other than which ever date is later, occurred five a first conviction for any of the following or more years prior to the date of misdemeanors: drunkenness, simple assault, such inquiry, unless such person has speeding, minor traffic violations, affray or been convicted of any offense within disturbance of the peace)? five years immediately preceding the
Yes or no? date of the inquiry.
Some employers are authorized to request, receive, No person shall be held under any view and/or hold criminal offender record provision of any law to be guilty of information pursuant to state or federal law. perjury or of otherwise giving a false
statement by reason of his failure to
Any inquiry into the criminal record of an applicant recite or acknowledge such must also contain language pursuant to M.G.L. c. information as he has a right to 276, § 100A. withhold by 804 CMR 3.02.
Education/ Inquiryinto the academic, vocationalor professional Questions about education de-signed Experience/ education of an applicant for employment. Inquiry to determine how old the applicant is. References/ into the work experience shall also contain a Organizations statement that the applicant may include in such Inquiry into the organizations which
history any verified work performed on a volunteer the applicant for employ-ment is a basis. member, the nature, name or
character of which would likely
Inquiry into references. disclose the applicant's protected
class status.
Lie Detector Test No questions. It is unlawful to require or administer
a lie detector test as a condition of e mp lo yme nt or contin- ue d employment.
REGULATORY AUTHORITY
804 CMR 3.00: M.G.L. c. 151B, §3.