Massachusetts FCRA adverse action — Ask HR AI

What changes in Massachusetts

Ban-the-box overlay: Statewide (CORI reform; M.G.L. c. 151B §4). Employers may not ask about criminal history on the initial application and may not consider arrests not leading to conviction or first-conviction misdemeanors for several enumerated offenses.
Report lookback: 5 years misdemeanor / 10 years felony (M.G.L. c. 6 §172). Massachusetts caps misdemeanor reporting at five years and felony reporting at ten years from disposition or release.

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"Walk me through the FCRA adverse action process step by step, including California and NYC differences. Focus on Massachusetts."

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Practitioner steps for Massachusetts

Step 1. Send the pre-adverse notice with a full copy of the report and the CFPB Summary of Consumer Rights before any Massachusetts hiring decision that relies on the report.
Step 2. Extend the waiting period beyond 5 business days where MA or a local ordinance requires it — always document the timestamp of each notice.
Step 3. Complete a written individualized assessment when Massachusetts Fair Chance rules or an EEOC-referenced local ordinance apply.
Step 4. Issue the final adverse action notice with the CRA name, address, toll-free number, and the applicant's reinvestigation rights.

Applicable Massachusetts statutes and references

M.G.L. c. 6 §172 (CORI)
M.G.L. c. 151B §4
M.G.L. c. 149 §105A
Acts of 2024 c. 141 (pay transparency)
15 U.S.C. §1681 et seq. (federal FCRA)

Frequently asked (federal + Massachusetts overlay)

What is the FCRA adverse action process?

Under 15 U.S.C. §1681b(b)(3), before taking adverse employment action based on a consumer report an employer must send a pre-adverse action notice with a copy of the report and the CFPB Summary of Consumer Rights, wait a reasonable period so the applicant can dispute, then send a final adverse action notice identifying the CRA and the applicant's reinvestigation rights.

How long is the waiting period between pre-adverse and final adverse action?

The FCRA does not define a specific number of days, but a five business day floor is the common industry standard. California, New York City, and Los Angeles County require longer or additional steps — for example, California's Fair Chance Act requires two separate 5-business-day notice windows and a documented individualized assessment.

Do we have to send the pre-adverse notice if we are only considering not hiring?

Yes. The FCRA is triggered when a consumer report is used in whole or in part to make an adverse employment decision, including deciding not to hire. If the report played any role, the two-step notice sequence applies.

What has to be included in the final adverse action notice?

The name, address, and toll-free phone number of the CRA; a statement that the CRA did not make the decision and cannot explain it; notice of the right to a free additional copy of the report within 60 days; and notice of the right to dispute the accuracy or completeness of the report.

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Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.

FCRA adverse action in Massachusetts.