KNow Your Rights: National Origin Discrimination in Massachusetts
Understanding National Origin Discrimination in MassachusettsNational origin discrimination in the workplace is a violation of both federal and state laws. In Massachusetts, individuals are protected against discrimination based on their national origin, ensuring a fair and inclusive work environment. At slnlaw, we are dedicated to helping individuals who have faced or are facing national origin discrimination. In this article, we will provide insights into your rights, how to recognize signs of discrimination, and steps to take if you believe you have been a victim of such discrimination.
Defining Race and National Origin DiscriminationNational origin discrimination occurs when an employer treats an individual unfavorably due to their country of origin, ethnicity, or the perceived connection to a particular national origin group. Discriminatory practices can manifest in various aspects of employment, including hiring, promotion, pay, job assignments, termination, and workplace harassment.
Recognizing Race and National Origin DiscriminationIdentifying national origin discrimination is essential for taking action against it. Signs of discrimination may include:
Comparing Race Discrimination and National Origin DiscriminationRace discrimination and national origin discrimination share some similarities but also have distinct differences. Both forms of discrimination involve treating individuals unfavorably based on their personal characteristics, whether it's their racial background or national origin. Similarities include the violation of anti-discrimination laws at the federal and state levels, such as Title VII of the Civil Rights Act and Massachusetts state laws. Both types of discrimination can manifest in various employment aspects like hiring, promotion, pay, and workplace harassment.
However, the key difference lies in the basis of discrimination. Race discrimination pertains specifically to an individual's racial or ethnic background, while national origin discrimination encompasses discrimination based on an individual's place of birth, ancestry, culture, or association with a particular national origin group. Recognizing these distinctions is crucial for understanding one's rights and addressing discriminatory practices effectively. |
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Time Limits for Discrimination Claims
In most cases, the statute of limitations for discrimination lawsuits is 300 days, or roughly 10 months. While some sources may cite a 180-day or six-month deadline under federal law, Massachusetts provides additional time for federal claims.
This window pertains to the filing of your initial complaint with either the Equal Employment Opportunity Commission (EEOC) or the Massachusetts Commission Against Discrimination (MCAD). If you decide to move your complaint from these agencies, you gain extra time to file a complaint in court. State claims afford a more generous three-year limit from the event in question. Federal claims before the EEOC may also grant additional time.
Consider this scenario: if you were terminated on December 21, 2019, you have until October 16, 2020, to file with MCAD or EEOC. Should you initiate the process with MCAD and then withdraw the complaint, you still retain the right to file a civil complaint in court until December 21, 2022.
It's important to note that MCAD or the EEOC occasionally experience lengthy processing times for complaints. Cases have remained within MCAD beyond the standard three-year statute of limitations. In such instances, failing to act could jeopardize your ability to pursue your claim in court. If your MCAD complaint persists for over two and a half years, it's advisable to consult with us and consider transitioning your case to court before the three-year limit expires.
This window pertains to the filing of your initial complaint with either the Equal Employment Opportunity Commission (EEOC) or the Massachusetts Commission Against Discrimination (MCAD). If you decide to move your complaint from these agencies, you gain extra time to file a complaint in court. State claims afford a more generous three-year limit from the event in question. Federal claims before the EEOC may also grant additional time.
Consider this scenario: if you were terminated on December 21, 2019, you have until October 16, 2020, to file with MCAD or EEOC. Should you initiate the process with MCAD and then withdraw the complaint, you still retain the right to file a civil complaint in court until December 21, 2022.
It's important to note that MCAD or the EEOC occasionally experience lengthy processing times for complaints. Cases have remained within MCAD beyond the standard three-year statute of limitations. In such instances, failing to act could jeopardize your ability to pursue your claim in court. If your MCAD complaint persists for over two and a half years, it's advisable to consult with us and consider transitioning your case to court before the three-year limit expires.
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 experienced legal team is dedicated to assisting individuals who have experienced race or national origin discrimination in the workplace. We provide expert guidance, representation, and advocacy to help you protect your rights, seek justice, and create a more inclusive work environment. 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.