Employment Discrimination
State and federal laws prohibit employers from discriminating in the hiring, employment, and discharge of individuals based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, age and disability.
Claims pursuant to these state and federal laws, which includes the Americans with Disabilities Act, the Rehabilitation Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, and the Antidiscrimination Act (or Chapter 151B of the General Laws), may be brought against employers alleged to have taken adverse actions against an individual based on one of these protected classes. Individuals seeking relief under one of these statutes may file a claim with the Equal Employment Opportunity Commission (EEOC) or the Massachusetts Commission Against Discrimination (MCAD) or with a federal or state court.
Damages under these statutes may include front and back pay, punitive damages, damages for emotional distress and attorneys’ fees, as well as reinstatement and affirmative actions to address any discriminatory practices.
State and Federal Employment Discrimination Laws and Regulations
- Title VII of the Civil Rights Act of 1964 (Title VII)
- The Age Discrimination in Employment Act of 1967 (ADEA)
- Title I of the Americans with Disabilities Act of 1990 (ADA)
- Sections 501 and 505 of the Rehabilitation Act of 1973
- The Genetic Information Nondiscrimination Act of 2008 (GINA)
- Massachusetts Fair Employment Practices Act, M.G.L. c. 151B et seq.
Sexual Harassment
State and federal laws prohibit employers from discriminating in the hiring, employment and discharge of individuals by employers based on sex and also provide individuals relief based on hostile work environments arising from sexual harassment.
Like other discrimination claims, individuals may file sexual harassment claims with the Equal Employment Opportunity Commission (EEOC) or the Massachusetts Commission Against Discrimination (MCAD) or with a federal or state court.
Defenses to claims for sexual harassment are based on the status of the alleged perpetrator, the existence of employer policies to address such harassment and the affirmative acts taken by the employer in response to a complaint of sexual harassment.
Damages under these statutes may include front and back pay, punitive damages, damages for emotional distress and attorneys’ fees, as well as reinstatement and affirmative actions to address any discriminatory practices.
State and Federal Sexual Harassment Laws and Regulations
- Title VII of the Civil Rights Act of 1964 (Title VII)
- Massachusetts Fair Employment Practices Act, M.G.L. c. 151B et seq.
Retaliation
State and federal laws prohibit employers from retaliating against individuals, including current and former employees, who take action based on their belief that the employer or its agents violated certain laws, including discrimination laws, wage and hour laws, worker’s compensation laws and other leave laws. These sorts of claims are known as “retaliation” claims, and are premised on the employer taking adverse action against an employee who engaged in these protected activities.
A retaliation claim may exist even when there is no merit to the underlying claim. Damages for such a claim may include back and front pay, reinstatement, punitive damages, damages for emotional distress and attorneys’ fees. In Massachusetts, retaliation claims based on violations of wage and hour laws and earned sick leave, if supported, are subject to automatic trebling damages.
State and Federal Retaliation Laws and Regulations
- Fair Labor Standards Act of 1938
- Title VII of the Civil Rights Act of 1964 (Title VII)
- The Age Discrimination in Employment Act of 1967 (ADEA)
- Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.
- Massachusetts Fair Employment Practices Act, M.G.L. c. 151B et seq.
- Massachusetts Family and Medical Leave Act, M.G.L. c. 149, § 52D
- Massachusetts Paid Sick Leave, M.G.L. c. 149, § 148C
- Massachusetts Maternity and Paternity Leave, M.G.L. c. 149, § 105D
- Massachusetts Wage Act, M.G.L. c. 149, §§ 148, 148A, 150
- Massachusetts Minimum Wages Act, M.G.L. c. 151, §§ 1, 1A, 1B
Whistleblower Claims
Federal law provides a host of protections for individuals who report unlawful activities. State law also provides some safeguards for individuals who report certain unlawful activities. These protections are afforded to public employees and employees of health care providers. Damages for retaliating against such employees include reinstatement, back and front wages, attorney’s fees and punitive damages.