Massachusetts Fair Employment Law Poster

FAIR EMPLOYMENT IN MASSACHUSETTS	 	
Boston	 Office	: 1 Ashburton Pl., Suite 601, Boston, MA 02108 	– P: 617	-994	-6000 F: 617	-994	-6024	 	
New Bedford	 Office	: 800 Purchase St., Room 501, New Bed	ford, MA 02740 	– P: 508	-990	-2390 F: 508	-990	-4260	 	
Springfield	 Office	: 436 Dwight St., Room 220, Springfield, MA 01103 	– P: 413	-739	-2145 F: 413	-784	-1056	 	
Worcester	 Office	: 484 Main St., Room 320, Worcester, MA 01608 	– P: 508	-453	-9630 F: 508	-755	-3861	 	
For more 	information, please see our w	ebsite: 	www.mass.gov/mcad/	 	Rev. 4/7/2015	 	
Applicants to and employees of private employers with 6 or more employees	*, state and local governments, 	
employm	ent agencies and labor organizati	ons are protected under Massachusetts 	General Laws Chapter 151B from 	
discrimina	tion 	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, promoti	on, 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 reasonab	ly 	
accommodate an employee’s religious 	practices where the 	
accommodati	on 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 conditi	on 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 pe	rson’s work performance by creati	ng 	
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 employe	rs to grant a	n employee who has 	
completed an ini	tial probationary period and has g	iven 	
two (2)	 weeks’ no	tice 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, adopti	on of a child under 18, or adop	tion of a 	
child under 23 years old if the child	 has a mental or 	
physical disability.	 	
 
DISABILITY	 	
M.G.L. c. 151B prohibits discrimina	tion the basis of 	
disability, a record of disability or perceived disability,	 in 	
hiring, promo	tion, discharge, 	compensation, 	benefits, 	
training, classification and other aspects of employment. 
Disability 	discriminati	on may include failing to reasonably 	
accommodate an otherwise qualified	 person with a 	
disabil	ity.	 	
RETALIATION	 	
It is i	llegal 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 a	ny act forbidden under M.G.L. c. 151B, 	
or attempt to do so.	 	
 
DOMESTIC W	ORKERS	 	
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 w	orkers 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 f	rom asking applicants on an 	
initi	al em	ployment applica	tion 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 informa	tion rega	rding 	
his/her admission to a facility for the care and treatment 
of mentally ill persons. An employment applica	tion may 	
not seek informa	tion 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 	
discrimina	tion with the 	Massachusetts Commission 	
Against Discrimina	tion	, www.mcad.gov, at one of the 	
offices below. 	 	
 
An agreement with your employer to ar	bitrate your 	
discrimination 	claim(s) does not bar you from fi	ling a 	
charge of 	discrimination.