Analysis: Patriots’ Release of Hernandez Avoids Issue with MA Law

Although it may not have been the motivating factor in the decision, the New England Patriots decision to release Aaron Hernandez following his Wednesday, June 26, 2013 arrest for murder allow the team to avoid problems with Massachusetts law on criminal records. Massachusetts General Laws Chapter 15l B, Section 4; 804 CMR 3.01 makes it illegal for an employer to ask certain questions about a job applicant’s or employee’s criminal record. Employers may not ask about, maintain a record of, or base any employment decision