Employment Discrimination Harassment and Retaliation in Massachusetts: An Employer's Guide
Navigating Employment Discrimination and Harassment Laws in Massachusetts for Small EmployersFor small employers in Massachusetts, understanding employment discrimination and harassment laws is crucial to fostering a fair and inclusive workplace environment. This page serves as an overview, offering links to more detailed information on specific aspects of these laws in the state. Massachusetts has robust regulations in place to protect employees from discrimination, retaliation, sexual harassment, and pay inequality.
Employment DiscriminationEmployment discrimination refers to treating individuals unfairly based on protected characteristics like race, gender, age, disability, national origin, and sexual orientation. Small employers must be aware that Massachusetts state law prohibits discrimination in employment practices, with the Massachusetts Commission Against Discrimination (MCAD) responsible for investigating and addressing complaints.
Learn more about workplace discrimination in Massachusetts for small employers. Retaliation for Reporting or Opposing Discrimination or Sexual HarassmentEmployees have the right to report discrimination or sexual harassment without fear of retaliation. Small employers should know that Massachusetts law protects whistleblowers and individuals who oppose discriminatory practices in the workplace. It can be easy to make a mistake in handling this process, and you should seek the advice of an experienced employment attorney immediately if you have an employee report of sexual harassment.
Learn more about responding to a sexual harassment complaint. Sexual HarassmentSexual harassment involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile work environment.
Massachusetts law prohibits sexual harassment in all types of workplaces and holds employers responsible for preventing and addressing such behavior. Learn more about sexual harassment in Massachusetts. RetaliationWhile Massachusetts adheres to the 'at-will' employment doctrine, it's vital for small employers to recognize that specific exceptions are in place to safeguard employees from retaliation, which may result in significant legal challenges. If you are contemplating termination or disciplinary action against an employee who has participated in legally protected activities, seeking legal counsel before taking action is advisable.
Learn more about retaliation under Massachusetts law. Equal Pay LawsAnother issue that often comes up for employers is claimed disparity in pay between men and women. Small employers should be aware that Massachusetts has implemented pay equity laws to promote fair pay practices and bridge the wage gap. Even unintentional violations can have serious consequences.
Learn more about the equal pay laws. |
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Discrimination or Harassment Lawsuits
In Massachusetts, allegations of discrimination by an employee can have serious consequences for your business. These lawsuits can damage your reputation, result in financial losses, and even lead to legal penalties if not handled properly. It's crucial to act swiftly and judiciously to address these allegations.
Learn more about responding to a discrimination lawsuit.
Learn more about responding to a discrimination lawsuit.
Conclusion
Employment discrimination, retaliation, sexual harassment, and pay inequality are significant concerns in Massachusetts workplaces. It is essential for employees and employers alike to be aware of their rights and responsibilities under state law. The linked pages provide more detailed information on each of these topics, helping individuals navigate the complexities of these issues and take appropriate action when necessary. Massachusetts is committed to fostering inclusive and equitable workplaces for all its residents.
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, employment and discrimination claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
We offer expert guidance and legal representation to individuals facing employment discrimination, retaliation, sexual harassment, or pay inequality in Massachusetts. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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