Employers must inform an applicant of the use of an ordinary consumer credit report
if the applicant is rejected for employment on the basis of the report.
In Massachusetts, employers who use consumer reporting agencies to perform credit
checks on job applicants must comply with the requirements of the Massachusetts Consumer
Credit Reporting law (Mass. Gen. L. c. 93, §§ 50-68) and in some cases the Fair Credit
Reporting Act (15 U.S.C. §§ 1681-1681t).
Medical Examinations and Testing
Medical examinations and testing are permissible in limited circumstances. An
employer must make a conditional job offer before requiring a medical examination (and/or
making inquiries). A conditional job offer is an offer of employment to a job applicant
which is contingent upon the satisfactory results of a medical examination (and/or inquiry).
Prior to making a conditional job offer, the employer should have evaluated all relevant non-
medical information. Once a conditional job offer is made, the employer may conduct a
medical examination (and/or inquiry) and may condition a job offer on the satisfactory result
of a post-offer medical examination (and/or inquiry), to the extent it is limited to determining
whether the prospective employee, with or without reasonable accommodation, is capable of
performing the essential job functions of the position and further provided that all applicants
extended such a conditional offer are required to undergo such examination or inquiry.
Massachusetts employers are not allowed to require HIV testing as a condition of
employment. Physical and mental ability tests are only permitted to the extent such tests
measure only those abilities that are necessary to perform the essential functions of the
position, or that are job related and consistent with business necessity.