Fair Employment Law (Massachusetts)

The Fair Employment Law declares that it is illegal to discriminate on the basis of race, color, religious creed, national origin, sex, sexual orientation, gender identity, genetic information, military service, age, ancestry, or disability.

It Is Unlawful:

to print or circulate any advertisement or use any application form which directly or indirectly specifies any limitation on the basis of race, color, religious creed, national origin, sex, sexual orientation, gender identity, genetic information, military service, age, ancestry, or disability.
to discharge or refuse to hire any individual on the basis of their race, color, religious creed, national origin, sex, sexual orientation, gender identity, genetic information, military service, age, ancestry, or disability.
to discriminate against any individual in matters relating to compensation, terms, conditions, or privileges of employment because of their race, color, religious creed, national origin, sex, sexual orientation, gender identity, genetic information, military service, age, ancestry, or disability.
to require a woman to leave her job at some arbitrary stage in her pregnancy or refuse to let her return to work until a specified time set by the employer.
to refuse to grant a female employee at least eight weeks leave for purposes of childbirth or to treat her absence differently than any other absence due to disability.
to discharge or refuse to hire any person because of their failure to furnish information concerning admission to a center for the treatment of mentally ill persons.
to discriminate against a job applicant for failure to furnish information, written or oral, concerning: A) an arrest, detention, or disposition regarding a violation of law in which no conviction resulted; B) a first conviction for any of the following misdemeanors: driving under the influence, simple assault, speeding, minor traffic violations, disturbance of the peace; or C) conviction for a misdemeanor where the date of the conviction or end of period of incarceration, if any, occurred more than five years prior to the employment application, and the applicant has not been convicted of any offense within the five years immediately before the date of application.

Retaliation

It is illegal to retaliate against any person because s/he has opposed any practices forbidden under this Chapter or because s/he has filed a complaint, testified, or assisted in any proceeding before the Commission. It is also illegal to aid, abet, incite, compel, or coerce the doings of any of the acts forbidden under this Chapter or attempt to do so.

Sexual Harassment

151B:1,18 The term “sexual harassment” shall mean sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests, or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions: (b) such advances, requests, or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating, or sexually offensive work environment.

Complaints

All complaints must be filed in writing. Information on the filing of complaints can be obtained by contacting the Massachusetts Commission Against Discrimination at the following locations:

Boston Office
One Ashburton Place
Room 601
Boston, MA 02108
617-994-6000 Voice
617-994-6196 TTY

Springfield Office
436 Dwight Street
Suite 220
Springfield, MA 01103
413-739-2145