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SD 452

An Act relative to fair hiring practices

194th Legislature (2025-2026) Introduced by Mark Montigny

Massachusetts delays criminal background inquiries until after conditional job offers to improve employment access for people with records while maintaining employer safety checks.

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Bill Summary · SD 452

Legislative bill overview

SD 452 prohibits employers in Massachusetts from inquiring about, considering, or basing hiring decisions on an applicant's criminal history until after a conditional job offer has been made. The bill establishes a "ban-the-box" framework that delays criminal background checks to later in the hiring process, allowing candidates to be evaluated primarily on qualifications first.

Why is this important

This addresses employment barriers faced by individuals with criminal records, who experience significantly higher unemployment rates and recidivism risks when excluded from job opportunities. The policy aims to reduce barriers to reentry while allowing employers to still conduct background checks before finalizing employment decisions. Massachusetts joins multiple states and jurisdictions that have adopted similar measures to balance public safety with employment access.

Potential points of contention

  • Business compliance costs: Employers must restructure hiring procedures and may conduct unnecessary interviews with candidates who wouldn't pass background checks, raising administrative burdens
  • Public safety concerns: Some employers, particularly in sensitive sectors (healthcare, childcare, financial services), argue delayed screening increases liability and safety risks
  • Effectiveness debate: Evidence on whether ban-the-box policies meaningfully improve employment outcomes versus simply shifting discrimination to other screening methods remains contested
  • Scope limitations: Bill specificity on which employer sizes, industries, or positions may be exempt could create loopholes or unequal application

Compiled from official sources — confirm details with the bill’s official record.

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