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A Guide to Massachusetts Background Check Laws

Background checks are usually done before hiring processes to ensure fair and efficient hiring process resulting in hiring that qualifies and are professional individuals. For getting a legitimate surety, background checks account for a person’s criminal history, financial background, and educational background. The reason why many companies undergo employment background check is that they want to ensure that no candidate will be harm to them in the future. It reports that around 94% companies all across the world undergo background checks to ensure their company’s safety and future progress. Peopletrail stands out be one the best background check provider platforms. 

Consider the Laws in Massachusetts while carrying out background checks 

Background check laws in Massachusetts keep on varying, but we at people trail try to keep you updated through the latest information. The background check in Massachusetts and respective laws change rapidly, therefore, it does not guarantees the authenticity of the information. It is always helpful to get advice from a legal attorney. Following are the details of the set of laws and regulations sets of employment background check.

Federal laws: FCRA

Fair Credit Reporting Act was firstly enacted to ensure fair hiring processes. It creats by the federal government and it is to apply in many states. The basic purpose of FCRA is to protect the privacy and safety of the candidates in all conditions while carrying on background check in Massachusetts.

State laws 

Section 62 denial of credit or employment 

Section 62; denial of credit or employment says that if a candidate has rejects for a job due to his negative credit information, it is necessary for the organization to notify him within 10 days of the application. The notification has the details including the name, number of CRA, permanent address and toll-free phone number. In addition to this, the candidates must also be informs of his rights in this details in notification. If any company does not adhere to section 62; denial of credit and employment, state government can take strict actions against it. At Peopletrail ensures that the background checks we do for you are regulates by all federal and state laws as our main goal is the convenience of the candidates during the process of background screening. 

M.G.L chapter 93, section 52

M.G.L Chapter 93, section 52 states that no information should be contain in reports, with exceptions present. This law basically states that if a person has been bankrupted 14 years ago, the background check company cannot disclose this information in the drug screening report. Moreover, if the candidate has been criminally convicts for more than seven years ago. The company cannot disclose this information in the public report too. All of this concludes to the fact that background checks in Massachusetts are protected and happen in a systematic manner. It is highly crucial for all business. Also for any other organizations to abide by the laws, in order to not become a legal liability. 

Pay equity establishment 

If a company is evaluation during the hiring process of a candidates. Based on his salary history including his wage, it does not accepts is legally in Massachusetts. Screening job candidates based on their pays is not acceptable. If any company wants the details in a salary history of a candidate, they must request the candidate to access his prior information. Only if they are continuing to consider that particular candidate for employment seriously. At Peopletrail, ensures the pay equity establishment. 

General rules during background check in Massachusetts

Before the start of the hiring processes, the candidates give with a disclosure form. That includes their consent and the reason why the background check is solely happening for professional reasons. Moreover, for a background check in Massachusetts to legally carry. And also with accuracy, hand out a written consent to the candidates. The interviews of the candidates must also be discloses and they should be informs prior to the investigation. Finally, disputing must allow. This means that if the employer, at any part of the job hiring processes chooses to give the candidate a lower position. He must be informing the candidate about it, beforehand.

The reason why these particular rules are set to be execute during the background checks in Massachusetts is to ensure that both the organization and the candidates refrain from any risk and inconveniences. Companies should always evaluate the following factors before dismissing a candidate. The severity of their offence, the amount of time after the offence was commit. Also how it connects to offer the job. 

Worried about executing a background check? Peopletrail is here for your rescue. With Peopletrail, all your worries will be vanishes once we become your background check provider and do this role actively, by adhering to the state and federal laws.

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