803 CMR, § 2.20 - Adverse Employment Decision Based on CORI or Other Criminal History Information

(1) Before taking adverse action against an employment applicant, volunteer applicant, employee, or volunteer, if the action is based on the subject's CORI or any other criminal history information, then the employer or volunteer organization shall:

(a) comply with applicable federal and state laws and regulations;

(b) notify the subject in person, by telephone, fax, or electronic or hard copy correspondence of the potential adverse employment action;

(c) provide a copy of the subject's CORI or criminal history information to the subject;

(d) identify the source of the CORI or criminal history information;

(e) provide a copy of the requestor's CORI Policy, if applicable, to the subject;

(f) identify the information in the subject's CORI or criminal history information that forms any basis for the potential adverse action;

(g) provide the subject with the opportunity to dispute the accuracy of the information contained in the CORI or criminal history information;

(h) when CORI is considered as a part of a potential adverse action, provide the subject with a copy of DCJIS information regarding the process for correcting CORI; and

(i) document all steps taken to comply with 803 CMR 2.20.

Notes

803 CMR, § 2.20

Amended by Mass Register Issue 1333, eff. 2/24/2017. Amended by Mass Register Issue 1445, eff. 6/11/2021.