Under both Massachusetts and federal law, it is unlawful for an employer to discriminate against job applicants or employees on the basis of their protected
status. With certain exceptions, the Massachusetts Law Against Discrimination, G.L. c. 151B, generally prohibits employers with six or more employees, labor organizations or employment agencies from refusing to hire or taking adverse employment action because of their age, race, color, religion, national origin, sex, sexual orientation, military service, genetic information, ancestry, disability, or certain criminal records. The law covers a range of actions by employers and other covered entities involving:
- refusal to hire or promote;
- termination or constructive discharge of an employee;
- provision of compensation, benefits, conditions or privileges of employment;
- harassment;
- retaliation against individuals who have opposed discrimination in the workplace;
- publication of job advertisements indicating any preference or limitation based on the individual's age or other protected status; and,
- some inquiries with regard to a job applicant's age or other protected status
A job applicant or employee has the burden of proving that the employer took the adverse employment action because of the individual's age or other protected status. Evidence of discriminatory treatment may be shown through direct evidence, such as a statement by an employer exhibiting bias against a protected class of job applicants or employees, or through circumstantial evidence of discrimination, such as where other job applicants or employees were treated more favorably than those who are protected by the anti-discrimination law. Employers may also be subject to claims for disparate impact where a seemingly neutral employment standard disproportionately and negatively affects a protected class of employees or job applicants.
Individuals suspecting that they have been subjected to employment discrimination should immediately contact the Center for Jobs and Justice or another attorney in order to protect their legal rights. Under the Massachusetts Law Against Discrimination, employment discrimination claims must be filed with the Massachusetts Commission Against Discrimination within 300 days after the alleged act of discrimination under G.L. c. 151B, section 5. Complaints may also be filed with the Equal Employment Opportunity Commission alleging a violation of federal anti-discrimination laws.
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