CM-15B.pdf

PDF 118 KB Posted

Attached to
Water Utility Registered Apprenticeship Program
Solicitation number
EV00017380
Issued by
Suffolk County, Massachusetts

About this file

This document establishes CORI (Criminal Offender Record Information) Compliance Standards published by Massachusetts in May 2025, establishing mandatory policies for vendors conducting criminal background checks on job applicants. The standards require that vendors conduct CORI checks only when legally required or when a good faith determination supports checking for a sensitive position, and vendors must first confirm an applicant is otherwise qualified before initiating any background check. The compliance framework mandates that if a CORI report contains information beyond what the vendor is authorized to receive, such as favorably disposed cases, the vendor must inform the applicant and provide correction information from MDCJIS. The standards remain in effect throughout the vendor's engagement with the contracting state agencies.

Vendors must provide applicants with written notice of potential adverse employment actions resulting from CORI reports, supply applicants with photocopies of received reports, identify specific concerning information, and grant applicants opportunity to discuss findings and present rebuttal documentation or information. Final employment decisions must be based on comprehensive evaluation including crime severity, relevance, age of offenses, and applicant circumstances since conviction, with prompt written notification of adverse decisions and specific reasons provided to applicants. These requirements operate alongside all existing Massachusetts and federal CORI-related legal obligations, with the standards approved by Corporation Counsel in April 2025.

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Text version

CORI COMPLIANCE STANDARDS

Published May 2025

CM-15B

By checking line 2 on the foregoing Form CM-15A, the Vendor affirms that its CORI-related policies, practices, and standards are consistent with the following standards:

1 The Vendor does not conduct a CORI check on an Applicant unless a CORI check is required by law or the Vendor has made a good faith determination that the relevant position is of such sensitivity that a CORI report is warranted.

2 The Vendor reviews the qualifications of an Applicant and determines that an Applicant is otherwise qualified for the relevant position before the Vendor conducts a CORI check. The Vendor does not conduct a CORI check for an Applicant that is not otherwise qualified for a relevant position.

3 If the Vendor has been authorized by the MDCJIS to receive CORI reports consisting solely of conviction and case-pending information and the CORI report received by the Vendor contains other information (i.e. cases disposed favorably for the Applicant such as Not Guilty, Dismissal) then the Vendor informs the Applicant and provides the Applicant with a copy of MDCJIS’ information for the Applicant to pursue correction.

4 When the Vendor receives a proper CORI report of an Applicant that contains only the CORI information that the Vendor is authorized to receive and the Vendor is inclined to question an applicant about their criminal history, or refuse, rescind, or revoke the offer of a position to an Applicant, then the Vendor complies with this section by, including, but not limited to, notifying the Applicant of the potential adverse employment action, providing the Applicant with a photocopy of the CORI report received by the Vendor, informing the Applicant of the specific parts of the CORI report that concern the Vendor, providing an opportunity for the Applicant to discuss the CORI report with the Vendor including an opportunity for the Applicant to present information rebutting the accuracy and/or relevance of the CORI report, reviewing any information and documentation received from the Applicant, and documenting all steps taken to comply with 803 CMR 2.17.

5 The Vendor makes final employment-related decisions based on all of the information available to the Vendor, including the seriousness of the crime(s), the relevance of the crime(s), the age of the crime(s), and the occurrences in the life of the Applicant since the crime(s). If the final decision of the Vendor is adverse to the Applicant and results in the refusal, rescission, or revocation of a position with the Vendor then the Vendor promptly notifies the Applicant of the decision and the specific reasons therefor. Nothing in these requirements modifies or affects a Vendor’s obligation to comply with Massachusetts or federal laws regarding CORI.

APPROVED AS TO FORM BY CORPORATION COUNSEL APRIL, 2025

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