365 Boston Post Road
Suite 250
Sudbury, MA 01776

                               LEGAL RIGHTS OVERVIEW                               

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.
The information provided on this website is not legal advice. Robert Nasdor has provided this general information to you to help you understand the law.  You should immediately contact the Law Office of Robert A. Nasdor or another attorney if you suspect that your rights have been violated. An attorney can help you decide whether to file a claim and advise you about the deadline for doing so.  By providing you with this information, the Robert Nasdor is not acting as your lawyer.