Employment Discrimination

Forms of Discrimination Prohibited.

• Massachusetts Fair Employment Practices Act (M.G.L. c. 151B)                    
  
  • The MFEPA prohibits discrimination on the basis of race, color, religion, national origin, sex (which covers sexual harassment), sexual orientation, age (over 40), and mental or physical handicap. It also prohibits retaliation against employees who oppose such discrimination.

• Massachusetts Comparable Pay Act (M.G.L. c. 149, §§105A-C).
  
  • The Massachusetts Comparable Pay Act prohibits wage discrimination on the basis of sex between comparable jobs. It also prohibits retaliation against employees who oppose such discrimination.
  • Under a recent amendment it is now unlawful (1) to require an employee to refrain from inquiring about, discussing or disclosing information about either the employee's own wages, or about any other employee's wages or (2) to seek the wage or salary history of a prospective employee from the prospective employee or a current or former employer.

• Massachusetts Civil Rights Act (M.G.L.c. 12, §§11H - 11J)
  
  • This Act prohibits persons from interfering by threats, intimidation or coercion with the exercise of rights secured by the U.S. constitution, federal laws, the Massachusetts constitution or state laws.

• Massachusetts Equal Rights Act (M.G.L.c. 93, §102)
  
  • This section of the Massachusetts Equal Rights Act provides that all persons regardless of sex, race, color, creed or national origin have the same rights enjoyed by white male citizens to make and enforce contracts (including at-will employment contracts).
    
    
• Massachusetts Equal Rights Act (M.G.L.c. 93, §103)
  
  • This section of the Massachusetts Equal Rights Act provides that all persons, regardless of age or handicap, with reasonable accommodation, have the same rights as other persons to make and enforce contracts (including at-will employment contracts).

• Massachusetts Sexual Harassment Statute (M.G.L.c. 214, §1C)
• This statute prohibits sexual harassment.

• Workers' Compensation (M.G.L. c. 152, § 75B)
• Section 75B of the Workers' Compensation Act statute prohibits employers from discriminating against any employee because the employee has exercised a right under the Workers Compensation statutes.

• Specific Massachusetts Topics
  
  • Comparable Pay
    
    • Under the Massachusetts statute, an employer cannot discriminate in the payment of wages between the sexes for work of like or comparable character or operations.
      
    • Differing wages can be paid where the difference is due to seniority.
      
  • Sexual Harassment
    
    • Same-sex sexual harassment by a heterosexual is prohibited under M.G.L.c. 151B.
      
    • Under M.G.L.c. 151B, §3(a) employers must adopt a comprehensive sexual harassment policy and distribute it to their new employees at the time of hire and to all their current employees annually.
• Employers are also encouraged to conduct education and training programs for all employees and additional training for supervisory and managerial employees within one year of commencement of employment.
• Sexual Orientation
  
  • Under Massachusetts law an employer cannot discriminate on the basis of sexual preference.
    
• Affirmative Action
  
  • Massachusetts Executive Order 227
    
    • Contractors with the Commonwealth with contracts for over $50,000.00 must have affirmative action programs.

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