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What Employees Are Protected Under Anti-Discrimination Laws?

Employees are protected by discrimination laws if they fall within a category designated by federal or state law as a "protected class."  Under federal law, protected classes include race, color, religion, national origin, sex, age (over 40), pregnancy, disability, and perceived disability.

In addition to these federally protected classes, Massachusetts employment law prohibits discriminating on the basis of:
  • Gender Identity 
  • Sexual Orientation 
  • Genetic Information
  • Ancestry
This does not mean you can never terminate or discipline someone in a protected class.  In fact, in many workplaces these days the majority of employees fall into one or more protected classes.

It does mean that you have to be prepared to demonstrate a legitimate, non-discriminatory reason for your decision if the employee claims discrimination.  Having documentation of any performance concerns or issues is helpful, even if it is not formal written warnings.  

If you are considering terminating an employee who is protected under discrimination law, it is a good idea to consult with an employment lawyer to get guidance on the best way to handle the termination, as well as advice about your legal risk.  


Learn more here about employment discrimination in Massachusetts.

Need Help With a Discrimination Issue?

Call (781) 784-2322
OR
Schedule a Free Information Call
discrimination against protected classes MA employment law

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
      • Should I Accept a Severance?
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law >
      • Independent Contractor Test
      • Working As Independent Contractor
      • Hiring Independent Contractors in Massachusetts
      • Is My Independent Contractor Status Legal?
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
      • Can I Avoid My Non Compete?
    • Do I Have a Case?
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog