Gender Discrimination in the Workplace
Sex Discrimination in the Workplace: Know Your RightsGender, or sex, is a protected class under federal and Massachusetts anti-discrimination laws. Below is some information to help you understand what gender discrimination entails and how you can protect your rights in the workplace.
Understanding Gender DiscriminationGender discrimination occurs when someone is treated unfavorably based on their gender in employment decisions such as hiring, promotion, discipline, or termination. This can manifest through disparate treatment, where women are treated differently from men without valid reasons. Learn more about recognizing and proving gender discrimination.
Recognizing Gender DiscriminationGender discrimination is often rooted in stereotypes or assumptions about gender roles. It may not stem from general animosity towards women; both women and men can experience or perpetrate gender discrimination. Recognizing gender discrimination often involves identifying discriminatory assumptions and stereotypes that influence decisions in the workplace.
Unequal Pay for Comparable WorkPaying men and women differently for comparable work is a form of gender discrimination prohibited by federal and state equal pay acts. Massachusetts law, in particular, emphasizes "comparable" work, allowing for more flexibility in identifying unlawful pay discrepancies. Discover more about equal pay laws and protections.
Gender Discrimination and ParenthoodEmployment protections extend to parents, regardless of gender. Massachusetts Paid Family Leave allows both mothers and fathers to take protected leave after childbirth or adoption. Furthermore, pregnancy discrimination is explicitly prohibited under state and federal law. Employers are also required to make reasonable accommodations for pregnant or lactating women.
Sexual HarassmentSexual harassment is a form of gender discrimination under both federal and Massachusetts laws. It is vital to differentiate between general workplace hostility and actionable sexual harassment. Learn about the two major types of actionable sexual harassment: "quid pro quo" harassment and "hostile work environment."
Discrimination Based on Sexual Orientation or Gender IdentityMassachusetts protects sexual orientation and gender identity as distinct classes under anti-discrimination laws. While federal law does not explicitly protect these classes, courts recognize discrimination based on them as a form of gender discrimination. Such discrimination can result from animosity or stereotypes, and it may not be immediately apparent to the employer.
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Time Limits for Discrimination Claims
Understanding the statute of limitations is crucial for discrimination claims. In Massachusetts, the typical deadline for filing discrimination lawsuits is 300 days, offering more time than federal claims (180 days). Additional time may be available when transitioning from agencies like the Equal Employment Opportunity Commission (EEOC) or the Massachusetts Commission Against Discrimination (MCAD) to civil court. Don't miss the opportunity to protect your rights—consult an employment discrimination lawyer if needed.
However, it's essential to be aware of the potential danger of allowing your case to linger in MCAD for more than three years. In some instances, cases have remained in MCAD for an extended period during processing. If your case surpasses the three-year statute of limitations while in MCAD, you risk losing the opportunity to bring your claim to court. To safeguard your rights effectively, consider withdrawing your complaint from MCAD and pursuing legal action in court if your case faces significant delays. Don't let the passage of time jeopardize your ability to seek justice.
However, it's essential to be aware of the potential danger of allowing your case to linger in MCAD for more than three years. In some instances, cases have remained in MCAD for an extended period during processing. If your case surpasses the three-year statute of limitations while in MCAD, you risk losing the opportunity to bring your claim to court. To safeguard your rights effectively, consider withdrawing your complaint from MCAD and pursuing legal action in court if your case faces significant delays. Don't let the passage of time jeopardize your ability to seek justice.
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
At slnlaw, our dedicated team of experienced employment discrimination attorneys is here to guide you through every step of your journey towards justice. We understand the complexities of discrimination cases and are committed to helping you protect your rights. 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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