Hiring a new employee may seem straightforward, but in Massachusetts, it comes with a web of legal requirements that businesses must navigate carefully. From salary transparency to criminal history inquiries, the hiring process in the Commonwealth is governed by some of the strictest employment laws in the country.
This guide outlines key legal do’s and don’ts for Massachusetts employers to help reduce liability and promote a fair hiring process. Complying with state and federal hiring laws not only helps employers avoid costly lawsuits—it also fosters a more equitable and inclusive workplace.
Massachusetts Laws You Need to Know
Under Massachusetts’s Equal Pay and Salary Transparency law, no employer may discriminate on the basis of gender in the payment of wages. Employers are also prohibited from asking about an individual’s salary history before a job offer. Starting on October 29, 2025, all employers with 25 or more employees must disclose the salary range for all positions at their company. This range is to be disclosed upon request or before discussing compensation.
Massachusetts has several discrimination protections codified by the state legislature. Under these laws, employers should avoid asking questions about race, gender, age, religion, sexual orientation, pregnancy, national origin, genetic information, and gender identity to employees and potential employees. Therefore, it is essential that employers create a safe environment and ensure that no one is discriminated in the workplace.
Under the state’s “Ban the Box” law, most employers are prohibited from asking about an individual’s criminal record on a job application. Though certain industries are exempted from this rule, such as day cares and certain financial institutions, employers should be careful in not probing into a person’s criminal history upon initial applications. Instead, employers should understand when and how they can ask later in the process, such as asking about felony convictions and some misdemeanor convictions in subsequent steps in the hiring process.
What You Can and Can’t Ask in Interviews
Hiring interviews can open employers up to liability if the wrong questions are asked. Here is a quick reference:
- Don’t Ask:
- A candidate’s age (unless verifying they are over 18)
- Marital status or whether they have children
- Religious affiliation or political beliefs
- Criminal history (early in the process)
- Do Ask:
- If the applicant is authorized to work in the U.S.
- For consent to conduct background checks (with proper procedures)
- For professional references
Background Checks and Privacy Protections
Under the Fair Credit Reporting Act, a federal law, employers must obtain written consent before requesting a credit report. On a state level, the Massachusetts Data Privacy Law requires employers to safeguard Social Security numbers and sensitive data of their employees. The case Doane v. Grew also outlined that references given in good faith in Massachusetts are generally privileged.
Working Interviews and Pre-Employment Training
Massachusetts employers should pay for working interviews, since the state considers them compensable. Don’t treat a working interview as an opportunity to get free labor. Further, employers should assess whether unpaid training qualifies as legal under a 6-factor test. In general, if the training benefits the employer more than the trainee, it must be compensated.
Required Forms and Notices for New Hires
Once a candidate is hired, Massachusetts and federal law require employers to provide several forms and notices
Federal Forms:
- Form I-9: Employment Eligibility Verification
- For W-2: Wage and Tax Statement
Massachusetts Forms:
- Form M-4: State Withholding
- Form NHR: New Hire Reporting
Required Notices (depends on employer size):
- Paid Family and Medical Leave notice
- Paid Sick Leave notice
- Pregnant Workers Fairness Act notice
- Sexual Harassment Policy
- Workers’ Compensation notice
- Domestic Violence Leave notice (if applicable)
- Domestic Worker Notice (if applicable)
Digital Hiring Tools and Discrimination
Technology is increasingly part of the hiring process, but it can create compliance risks. Employers should audit any automated or algorithmic screening tools for bias. Employers should not rely on artificial intelligence or digital filters that could lead to disparate impact discrimination and skew the selection process.
Federal Laws to Keep in Mind
Massachusetts employers must also comply with these important federal statutes:
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA) and Rehabilitation Act
- Employee Polygraph Protection Act
- Genetic Info Nondiscrimination Act (GINA)
- Equal Employment Opportunity Act (Title VII of the Civil Rights Act)
Final Do’s and Don’ts Checklist for Employers
- ✅ DO:
- Review job ads and applications for compliance
- Keep questions job-related and non-discriminatory
- Train hiring managers on legal do’s and don’ts
- Keep records of offers and documentation
- ❌ DON’T:
- Ask prohibited questions in interviews
- Use a “working interview” as free labor
- Assume verbal offers are enough—get everything in writing
- Forget to issue mandatory notices
Conclusion
Massachusetts sets a high bar for lawful hiring practices. Employers who follow these rules not only avoid legal pitfalls—they create a stronger, more inclusive workplace culture. When in doubt, contact an experienced employment attorney to ensure compliance with both state and federal laws.
Contributions to this blog by Michael Touma.