Both Massachusetts and federal law provide employees various protections against unlawful discrimination in the workplace.  For discrimination to be unlawful, it must pertain to a protected class under Massachusetts General Law Chapter 151B or Title VII of the Civil Rights Act.  Protected classes include, race, color, age (40 years or older), disability, and sex (including pregnancy, gender, and sexual orientation).  Employers should also be aware of the provisions of the Massachusetts Pregnant Workers Fairness Act, which went into effect in 2018.  Discrimination can come in the form of a hostile work environment (riddled with jokes and/or inappropriate comments), failure to make reasonable accommodations for a disability, being treated differently because of a protected category (such as a religious observance), and in some instances lead to retaliation with an employee being demoted and/or terminated because he or she raised a complaint related to potential discrimination in the workplace.

Oftentimes, the first time an employer becomes aware of potential discrimination or harassment is when an employee raises an internal complaint within the company.  Thus, it is important for companies to put in place appropriate procedures where employees feel free to voice their concerns.  Both federal and state law prohibit an employer from retaliating against an employee for raising concerns about discrimination. 

Sometimes, employers only become aware of discrimination concerns after the employee brings a charge of discrimination.  In Massachusetts, prior to bringing a lawsuit, an employee must file a charge of discrimination with the Massachusetts Commission Against Discrimination (“MCAD”) and/or the U.S. Equal Employment Opportunity Commission (“EEOC”).  Oftentimes in Massachusetts, the MCAD handles the investigation.  

At the Harbor Law Group, we understand the importance of protecting your company against claims of discrimination, harassment, or retaliation.  We work with businesses in developing and enacting company-wide policies and handbooks to avoid unlawful workplace practices.  In addition, we regularly advise companies with regard to providing accommodations.  We have a great deal of experience defending companies before the MCAD and EEOC, as well as in federal and state courts within the Commonwealth.