Employee Rights / Discrimination

In Massachusetts, most employees are "at-will" employees. This means that an employer may hire or fire you for any reason, as long as that reason is not discriminatory. Employees who are not "at-will" workers are those who have an employment contract or who are covered by a collective bargaining agreement through a union.

On the other hand, it is illegal for an employer to fire or harass you because of your age, disability, gender, race, national origin, religion or sexual orientation. People belonging to one or more of these categories are considered to be within a "protected class." If you are discharged based on your protected status, you may be entitled to compensation for lost earnings as well as emotional distress damages. A common example of discrimination is when an employee is discharged because of a disability or a work-related injury. If you are disabled, or have suffered a work-related injury, your employer may be required to keep your job open while you are out due to that injury or disability, but an employer does not have an obligation to hold your job open indefinitely.

In order to qualify under the state's anti-discrimination laws, an employee in a protected class must experience what is called an "adverse employment action." An adverse employment action may include being fired, transferred, demoted or harassed by the employer, or being treated differently from other employees in similar positions in terms of pay, privileges or benefits. Discrimination and/or harassment does not include criticisms by an employer about your quality of work, absences, violation of company policies, reduction in the workforce, or other workplace decisions that are unrelated to your protected status.

Sexual harassment is illegal. Sexual harassment is any unwelcome touching, conversation or exposure to sexual material in the workplace that a reasonable person would find offensive. If a co-worker sexually harasses you, you must immediately report the conduct to a supervisor or to the human resources department. This should be done in writing. Employers are given a reasonable opportunity to address the harassment and to take appropriate action to stop it.

There are certain rules and time periods that apply in terms of filing an employment discrimination case. If you feel that you have been harassed, or have been discriminated against at work because of your age, disability, gender, race, national origin, religion or sexual orientation, you should contact an attorney as soon as possible to protect your rights.