S1356 — An Act relative to fair hiring practices

Summary

An Act relative to fair hiring practices

Bill Text

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The bill amends existing law to prohibit employment discrimination based on unemployment status and restricts employer access to personal accounts of employees or applicants.

• Chapter 151B, Section 4

  1F. For an employer or employment agency, itself or through its agent, to: (1) refuse to hire, employ, or consider a person for employment based on a person's status as unemployed; (2) limit, segregate or classify a person in any manner that would limit or tends to limit his access to information about jobs, or consideration, screening or referral for consideration of jobs because of his status as unemployed; or (3) publish, print or circulate or cause to be published, printed or circulated in print, on the internet, or in any other medium, any advertisement, announcement, or posting for any job that includes: (a) any provision stating or indicating that a person’s status as unemployed disqualifies him from a job or referral for a job; (b) any provision stating or indicating that an employer will not consider a person for employment based on that person’s status as unemployed; or (c) any provision stating or indicating that a person’s current employment is a requirement for a job; (4) use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination based on a person’s status as unemployed; or (5) fail or refuse to screen, consider, or refer a person for employment because of his status as unemployed; For purposes of this subsection, the term “status as unemployed” shall mean a person's present or past unemployment, regardless of the length of time that the person has been unemployed.

  This inserts new protections against discrimination based on unemployment status.

• Chapter 151B, Section 4

  20. It shall be unlawful employment practice for an employer or employment agency, itself or through its agent, in connection with an application for employment, or the terms, conditions, or privileges of employment, or the transfer, promotion, bonding, or discharge of any person, or in any other matter relating to the employment of any person, to request or require that an employee or applicant disclose any user name, password, or other means for viewing or accessing the information contained on an employee’s or applicant’s personal account or service through any device that uses electronic signals to create, transmit, and receive information. For purposes of this subsection, the term “personal account or service” shall mean any personal web site, internet web site, social networking account, email account, web-based account, or similar account but does not include any non-personal account or service created by the employer or employment agency that provides access to the employer’s or employment agency’s computer network, information systems, or email system.

  This creates a new prohibition against employers requiring access to personal accounts of employees or applicants.

Sponsors

• Mark C. Montigny · Primary

Subjects