Equal
Treatment ?

"Surprisingly, I have seen a significant uptick in the number of discrimination cases in my office in the past 5 years.

Sometimes senior level managers and executives, male and female, harbor stereotypical beliefs. Beliefs that have cost companies a lot of money.”
John Davis

 

Stopping workplace Discrimination.

DISCRIMINATION BY RACE, RELIGION, or NATIONAL ORIGIN.

Discrimination is about making distinctions in favor of or against a particular thing. Everyone discriminates every day. People choose to use pens instead of pencils, or avoid anchovies on their pizza.

In employment, Massachusetts makes certain types of discrimination unlawful. Chapter 151B of Massachusetts General Laws prohibits an employer from treating a group of people unfavorably as to the terms and conditions of his or her employment because of an employee’s race, national origin, age, sex, sexual orientation, religious creed, handicap, pregnancy, failure to disclose arrests which did not result in conviction or conviction of certain misdemeanors, and failure to disclose admission for treatment for mental illness pregnancy, failure to disclose arrests which did not result in conviction or conviction of certain misdemeanors, and failure to disclose admission for treatment for mental illness.

The federal government makes discrimination based upon race, sex, national origin, religious creed, or color illegal under Title VII of the Civil Rights Act of 1964. Age discrimination is illegal under the Age Discrimination in Employment Act. Disability discrimination is prohibited by the Americans with Disabilities Act (“ADA”). Discrimination based upon pregnancy is prohibited by the Pregnancy Discrimination Act (“PDA”). Sexual orientation is not illegal though any federal statute, but often gay/lesbian men and women are protected under federal law through case law.

Both Title VII and Chapter 151B prohibit sexual harassment. Please see our Sexual Harassment page for more details.
Discrimination can take the form of more favorable treatment, like a higher salary for a man than for a woman, or it can be stereotyping, such as assuming that all black men who apply for a position must undergo a criminal background check because most black men have been in prison.

However, an employer can discriminate against an employee for a reason not covered by Chapter 151B. For example, an employer can discriminate against an employee because the employer dislikes the color of the employee’s tie or shirt. An employer can also legally favor friends, relatives, or business associates over others as long as this favoritism is not limited by the race, religious creed, sex, sexual orientation, national origin, age, or handicap of one particular group

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Most discrimination cases are about “disparate treatment”. This is a legal term which means that a company is accused of treating a particular person(s) in one of the protected groups (an African-American, a woman, or a man over 40 years old) less favorably because of his/her race, sex, age or other protected characteristics.

Another type of discrimination case is called “disparate impact”. These cases are less common. They focus on whether the company has a policy that has intentionally or unintentionally unfairly affects workers in a protected class.

If you have concerns regarding a possible discrimination situation, immediately contact an employment law attorney to discuss your situation. As with all legal claims, there is a limit of time during which you may sue your employer or former employer for discrimination. This time limit, called a statute of limitations, is shorter. In the Commonwealth of Massachusetts you have 300 days to bring both federal and state claims. If you live in another state, your exact statute of limitations will depend on a variety of factors, but it could be as short as 180 days.

Unlawful discrimination is not limited to the workplace, though this page does not focus on the other areas, which include but are not limited to: public accommodation, housing and mortgage lending.

If you are interested in becoming a D&D client, please contact us through our website or call our telephone number (617) 338-5770 to schedule a consultation with a member of the D&D legal team.

Clients have said:

"Mr. Davis was excellent in answering any questions or concerns that came up in a clear and concise manner.

Was very knowledgeable specifically in the area of discrimination and was up front and honest at all times. Due to his abundant understanding of the law in this area, it was an open and shut case.

It was a case which normally would take 3-4 years to settle, but much to both my and Mr. Davis' surprise was done and over with in a matter of months.

Kudos to John Davis, of Davis and Davis Law Firm."

77 Franklin St., Boston

Our Employment Law Firm's offices are located at the corner of Franklin and Arch Streets, across from the Boston Stock Exchange, just minutes from all MBTA lines