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Hiring New Employees In Massachusetts

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Hiring New Employees In Massachusetts

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Hiring qualified employees is crucial for any successful business. Likewise, prospective employees are equally invested in finding fulfilling jobs which provide fair wages. Over the years, the hiring process has become subject to many laws which regulate the actions of employers in interviewing and hiring new employees. In this series of articles, we will discuss many of the issues that commonly arise when hiring new employees in Massachusetts.

While searching for new employees, businesses and organizations may post advertisements for open positions requiring that applicants meet certain reasonable qualifications. However, throughout the hiring process, employers must keep in mind that they must maintain a hiring process that is non-discriminatory. Under Massachusetts law, it is unlawful to discriminate against applicants based upon their membership in a protected class. In Massachusetts, these protected classes include: race, color, religious creed, national origin, sex, age (over 40), gender identity, sexual orientation, genetic information, ancestry and military service. Individuals with disabilities are also protected under state and federal law as long as the applicant is “qualified” for the position. When engaging in the hiring process, employers must beware of the limitations imposed by state and federal law about the types of questions that can be asked during the interview process. Please follow this link for more information about permissible interview questions.

In addition to adhering to anti-discrimination policies, employers must also be cognizant of policies regarding pre-employment testing and background checks. Many of these hiring tools are only available at certain stages of the hiring process, or to employers in certain types of industries.

For more information about the legal rules governing the hiring process in Massachusetts, please contact an experienced employment attorney in our office and we would be happy to assist you.

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