Davis & Davis Is on Your Side
Boston Workplace Discrimination Attorneys
Serving Employees in Suffolk, Essex & Middlesex Counties
In Massachusetts, many types of discrimination are unlawful in employment practices.
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:
- National origin
- Sexual orientation
- Religious creed
- Failure to disclose arrests that did not result in conviction
- Conviction for certain misdemeanors
- Failure to disclose admission for treatment of mental illness
Discrimination is about making distinctions in favor of or against a particular thing. When discriminatory actions put employees at a disadvantage or create a hostile work environment, employers must be held accountable. Davis & Davis, P.C. can represent you in an employment law case if you have experienced discrimination in the workplace.
Statute of Limitations for Discrimination Claims
If you have concerns regarding a possible discrimination case, immediately contact an 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 short.
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.
Discrimination under Federal Statutes
The federal government makes discrimination based on race, sex, national origin, religious creed, or color illegal under Title VII of the Civil Rights Act of 1964.
Discrimination can also take the form of more or less favorable treatment, including:
- Discrimination based on gender, like a higher salary for a man than for a woman
- Religious, race, or ethnicity discrimination or stereotyping
An employer may legally 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.
Treating Groups Unequally Based on a Protected Class Is Illegal
Most discrimination cases are about “disparate treatment.” This is a legal term that means a company is accused of treating a particular person in one of the protected groups less favorably because of his/her protected characteristic.
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 unfairly affected all workers from a protected class.
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