Employer's Guide to Workplace Discrimination Laws in Massachusetts
Navigating Workplace Discrimination: A Guide for EmployersAs an employer, discrimination lawsuits can be a major concern, even if you have no intention of discriminating against your employees. Many of your workforce members may belong to legally protected classes, adding complexity to employment decisions. This guide provides essential information on employment discrimination in Massachusetts to help you navigate these challenges when taking necessary actions against employees affecting your business.
Protected Classes Under Discrimination LawsUnder both federal and Massachusetts law, specific characteristics are protected against workplace discrimination. These include race, color, religion, national origin, sex, age (over 40), pregnancy, disability or perceived disability. Massachusetts law goes further to protect gender identity, sexual orientation, genetic information, and ancestry.
Most workplaces include employees who fall within one or more of these protected classes. With such diversity among your employees, understanding discrimination laws is crucial. Understanding Protected Classes: Employee Termination and DisciplineSimply being in a protected class does not mean an employee cannot be terminated or disciplined if it is appropriate. It does mean that, in spite of the rule of "at-will" employment, the employer may have to document and justify the reasons for the action.
This means you need to have a legitimate, non-discriminatory reason. Legitimate reasons, while not necessarily fair, must not be based on discrimination. Proper documentation and communication of concerns before termination can help avoid surprise and strengthen your case if challenged. Other Forms of Discrimination in the WorkplaceEmployers can be held liable for behavior in the workplace, even if they are unaware of it, as long as it's unlawful under discrimination and harassment laws. For instance, if a supervisor sexually harasses an employee, it's essential to take action once you become aware. Failure to provide reasonable accommodations for disabled employees can also lead to liability. Discrimination can be subtle, so awareness and proactive measures are critical.
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Understanding Discrimination Claims
Discrimination in employment refers to adverse actions, typically termination, taken against an employee due to their belonging to a protected class.
In discrimination cases, when an employee alleges discrimination, the responsibility shifts to the employer to provide a valid, non-discriminatory justification for their actions. If the employer presents such a reason, the onus then falls on the employee to prove it as pretext, meaning it was not the genuine motive behind the employer's actions. This burden-shifting process is crucial in discrimination cases to establish whether unlawful discrimination occurred.
In discrimination cases, when an employee alleges discrimination, the responsibility shifts to the employer to provide a valid, non-discriminatory justification for their actions. If the employer presents such a reason, the onus then falls on the employee to prove it as pretext, meaning it was not the genuine motive behind the employer's actions. This burden-shifting process is crucial in discrimination cases to establish whether unlawful discrimination occurred.
Time Limits for Discrimination Claims
Most discrimination lawsuits have a statute of limitations of 300 days in Massachusetts, allowing discharged employees ample time to file claims. To avoid uncertainty, many employers offer severance packages with a release of claims when in doubt about potential lawsuits. Consulting an employment lawyer can help determine the appropriate amount and draft a legally binding agreement.
Complex Nature of Discrimination
Discrimination claims can come from unexpected sources and may result from stereotypes or beliefs you weren't even aware of. It can also happen between people who are both in protected classes, sometimes even the same one. It's risky to rely solely on your good intentions.
Don't underestimate the complexities of workplace discrimination. With a diverse workforce, even unintentional actions can lead to legal trouble. Seek professional advice and stay informed to protect your business and employees.
Don't underestimate the complexities of workplace discrimination. With a diverse workforce, even unintentional actions can lead to legal trouble. Seek professional advice and stay informed to protect your business and employees.
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
Our experienced team of employment law attorneys can provide expert guidance to help you navigate complex discrimination cases, ensuring that you have a strong defense against claims of unlawful termination or discipline. 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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