The final Massachusetts Department of Criminal Justice Information Services (DCJIS) Criminal Offender Record Information (CORI) regulations have been published. Although the regulations primarily deal with Employers and CRAs (Consumer Reporting Agencies) that obtain criminal reports from the DCJIS, the CORI act imposes obligations on employers that obtain criminal history information from any source (for example):
- Prior to questioning an applicant about his/her criminal history the employer must provide a copy of those records to the applicant.
- Employers who annually conduct five or more background investigations must maintain a written criminal record information policy. The DCJIS provides a model CORI policy on its website.
Employers should consult experienced employment law counsel to verify that their background check policies and practices are in compliance with federal, state and local laws and regulations.
- Department of Criminal Justice Information Services (DCJIS)
- Department of Criminal Justice Information System (DCJIS) Regulations
- Littler Mendelson: Massachusetts Employers Face New Obligations When Conducting Background Checks Involving Criminal History Records
- Seyfarth Shaw: Massachusetts CORI Reform, A Wave of New Obligations For Employers Conducting Criminal Background Checks