Massachusetts Bans Criminal History Questions from Nanny Job Applications
Effective November 12, 2010, families hiring a nanny, elder caregiver or other household employee in Massachusetts may not ask applicants about their possible criminal history on initial job applications.
Common questions such as "Have you ever been convicted of a felony and/or a misdemeanor? or "Have you ever been the subject of a substantiated complaint of child or sexual abuse?" may no longer appear on family or agency job applications.
In theory, lawmakers believe this will prevent employers from screening out applicants solely based on their criminal history, and will enable candidates to explain in person their criminal history.
So where does this leave nanny employers who are legitimately concerned about the background (criminal and otherwise) of the applicant who, if hired, would have sole charge care for their young child?
Experts advise that the law does NOT prohibit you asking about criminal and sex offender history on the initial interview (phone or in person), and further recommend that an additional "Criminal History Questionnaire" be required of all applicants after the initial interview.
But be careful. Massachusetts employers may not, at any time, ask about:
Arrests, detentions, or dispositions that did not result in a criminal conviction
A first conviction for drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace
Any misdemeanor conviction that is more than five years old, unless the period of incarceration following the conviction ended within the last five years or the person has been convicted of another offense in the last five years.
Quite the minefield for employers? Absolutely. This just reinforces the importance of thorough reference checking and legitimate pre-employment background checking. The Fair Credit Reporting Act requires the signed consent of the applicant and a pending conditional offer of employment before the family (or agency) can order the criminal background check. This will add 2-3 days to the hiring process, a small price to pay for peace of mind.
HomeWork Solutions Inc. partners with 4nannies.com to offer pre-employment background checks to clients hiring without the services of a nanny placement agency. If you hire from Craigslist, any
If doing it yourself appears less attractive, HomeWork Solutions maintains a list of partner nanny placement and referral agencies on its website - check them out!
Common questions such as "Have you ever been convicted of a felony and/or a misdemeanor? or "Have you ever been the subject of a substantiated complaint of child or sexual abuse?" may no longer appear on family or agency job applications.
In theory, lawmakers believe this will prevent employers from screening out applicants solely based on their criminal history, and will enable candidates to explain in person their criminal history.
So where does this leave nanny employers who are legitimately concerned about the background (criminal and otherwise) of the applicant who, if hired, would have sole charge care for their young child?
Experts advise that the law does NOT prohibit you asking about criminal and sex offender history on the initial interview (phone or in person), and further recommend that an additional "Criminal History Questionnaire" be required of all applicants after the initial interview.
But be careful. Massachusetts employers may not, at any time, ask about:
Quite the minefield for employers? Absolutely. This just reinforces the importance of thorough reference checking and legitimate pre-employment background checking. The Fair Credit Reporting Act requires the signed consent of the applicant and a pending conditional offer of employment before the family (or agency) can order the criminal background check. This will add 2-3 days to the hiring process, a small price to pay for peace of mind.
HomeWork Solutions Inc. partners with 4nannies.com to offer pre-employment background checks to clients hiring without the services of a nanny placement agency. If you hire from Craigslist, any
If doing it yourself appears less attractive, HomeWork Solutions maintains a list of partner nanny placement and referral agencies on its website - check them out!
posted by Kathleen Webb at
08:47
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