HomeMy Public PortalAboutFair Employment Law PosterFAIR EMPLOYMENT IN MASSACHUSETTS
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For more information, please see our website: www.mass.gov/mcad/
Rev. 4/7/2015
Applicants to and employees of private employers with 6 or more employees *, state and local governments,
employment agencies and labor organizations are protected under Massachusetts General Laws Chapter 151B from
discrimination on the following bases:
RACE, COLOR, RELIGION, NATIONAL ORIGIN, AGE, SEX,
GENDER IDENTITY, SEXUAL ORIENTATION, GENETIC
INFORMATION, ANCESTRY, MILITARY SERVICE
M.G.L. c. 151B protects applicants and employees from
discrimination in hiring, promotion, discharge,
compensation, benefits, training, classification and other
aspects of employment on the basis of race, color, religion,
national origin (including unlawful language proficiency
requirements), age (if you are 40 years old or older), sex
(including pregnancy), gender identity, sexual orientation,
genetic information, ancestry, and military service.
Religious discrimination includes failing to reasonably
accommodate an employee’s religious practices where the
accommodation does not impose an undue hardship.
HARASSMENT
Sexual harassment includes sexual advances, requests for
sexual favors, and other verbal or physical conduct of a
sexual nature when (a) submission to or rejection of such
advances, requests or conduct is made explicitly or
implicitly a term or condition of employment or as a basis
for employment decisions; (b) such advances, requests or
conduct have the purpose or effect of unreasonably
interfering with a person’s work performance by creating
an intimidating, hostile, humiliating or sexually offensive
work environment. The law also prohibits harassment
based on the protected classes set forth above.
PARENTAL LEAVE
The law requires employers to grant an employee who has
completed an initial probationary period and has given
two (2) weeks’ notice of the anticipated date of departure
and the employee’s intention to return, at least eight (8)
weeks of paid or unpaid leave for the purpose of
childbirth, adoption of a child under 18, or adoption of a
child under 23 years old if the child has a mental or
physical disability.
DISABILITY
M.G.L. c. 151B prohibits discrimination the basis of
disability, a record of disability or perceived disability, in
hiring, promotion, discharge, compensation, benefits,
training, classification and other aspects of employment.
Disability discrimination may include failing to reasonably
accommodate an otherwise qualified person with a
disability.
RETALIATION
It is illegal to retaliate against any person because s/he has
opposed any discriminatory practices or because s/he has
filed a complaint, testified, or assisted in any proceeding
before the Commission. It is also illegal to aid, abet, incite,
compel or coerce any act forbidden under M.G.L. c. 151B,
or attempt to do so.
DOMESTIC WORKERS
M.G.L. c. 151B prohibits discrimination and harassment
against certain domestic workers where the employer has
one (1) or more employee.* While some exclusions apply,
domestic workers generally include individuals paid to
perform work of a domestic nature within a household on
a regular basis, such as housekeeping, housecleaning,
nanny services, and/or caretaking. Employers are
prohibited from engaging in sexual harassment and
harassment and/or discrimination based on the protected
classes described above, i.e. race, color, etc. Domestic
workers are also entitled to parental leave.
CRIMINAL HISTORY INQUIRIES
The law prohibits employers from asking applicants on an
initial employment application for any criminal
background information unless an exemption by statute or
regulation exists.
MENTAL HEALTH FACILITY ADMISSION INQUIRIES
Employers may not refuse to hire or terminate an
employee for failing to furnish information regarding
his/her admission to a facility for the care and treatment
of mentally ill persons. An employment application may
not seek information about an applicant’s admission to
such a facility.
IF YOU HAVE BEEN DISCRIMINATED AGAINST
If you feel you have been harassed or discriminated
against, you should immediately file a charge of
discrimination with the Massachusetts Commission
Against Discrimination, www.mcad.gov, at one of the
offices below.
An agreement with your employer to arbitrate your
discrimination claim(s) does not bar you from filing a
charge of discrimination.