Overview

Workplace discrimination happens when an employer treats you unfairly because of a protected trait, or fails to stop harassment.

In Massachusetts, strong state laws protect workers and allow claims through the Massachusetts Commission Against Discrimination (MCAD) and the courts.

Do You Qualify?

  • Protected trait: You were targeted because of race, color, religion, national origin, sex (including pregnancy and lactation), gender identity, sexual orientation, age (40+), disability, genetic information, or ancestry.
  • Employer size: Most claims require your employer to have 6+ employees . Sexual harassment claims can also proceed against smaller employers under state law.
  • Adverse action or harassment: You faced firing, demotion, unequal pay, denial of promotion, failure to accommodate, or a hostile work environment .
  • Connection to bias: Facts suggest the action happened because of your protected trait or because you complained (retaliation).
  • Timeliness: You are within the 300-day MCAD filing deadline (most cases) from the last discriminatory act.
  • Employee status: You are an employee. Contractors may qualify only if the facts show an employment relationship.
  • Accommodation need (if relevant): You requested a reasonable accommodation for disability or pregnancy and it was denied or ignored.

How MA Law Applies

Sexual Harassment

Massachusetts General Laws c. 151B prohibits employment discrimination and retaliation. Most employers with 6+ employees are covered.

MCAD enforces c. 151B. File within 300 days of the last act. Your MCAD filing is typically dual-filed with the EEOC .

Unwelcome sexual advances, requests for favors, or severe or pervasive conduct that creates a hostile environment are illegal. You may sue even if your employer has fewer than 6 employees under G.L. c. 214, §1C.

Employers must engage in a good-faith, interactive process to provide reasonable accommodations for disabilities.

The MA Pregnant Workers Fairness Act requires reasonable accommodations for pregnancy and related conditions, including lactation.

The MA Equal Pay Act (MEPA) bars sex-based pay disparities for comparable work, with limited defenses. You may file directly in court.

For c. 151B claims, you must first file with MCAD or EEOC. After 90 days , you can request a right-to-sue and file in court (generally within 3 years of the act).

Possible relief includes back pay, front pay, reinstatement, emotional distress, attorneys’ fees, and in some cases punitive or liquidated damages.

Step-by-Step: What to Do

  1. Write it down: Keep a dated log of incidents, witnesses, emails, texts, performance reviews, and policies. Save evidence on a personal device.
  2. Report internally: Follow your handbook. Notify HR or a manager in writing. Be factual and request a prompt investigation.
  3. Request accommodations (if needed): Put disability or pregnancy accommodation requests in writing. Offer medical support and propose options.
  4. File with MCAD promptly: If the issue continues or you suffered an adverse action, file a charge within 300 days . MCAD usually dual-files with the EEOC.
  5. Consult a MA employment lawyer: An attorney can frame your claim, meet deadlines, negotiate, and prepare for MCAD or court.
  6. Protect yourself: Keep doing your job, avoid policy violations, and communicate professionally. Retaliation for complaining is illegal.

Common Mistakes to Avoid

  • Missing the 300-day deadline: Late filings are often dismissed. Track the last incident date.
  • Only complaining verbally: Make a written report and keep a copy.
  • Quitting too soon: Resigning can reduce damages and leverage. Get legal advice first if possible.
  • Illegal recordings: Massachusetts is a two‑party consent state. Do not secretly record conversations.
  • Using work email/devices: Assume your employer can access them. Use personal accounts for sensitive matters.
  • Signing severance without review: Agreements often waive discrimination claims. Have a lawyer review first.
  • Not asking for accommodation: The duty to accommodate is triggered by a request. Put it in writing.

What You Should Do Next

Act quickly. Gather documents, write a timeline, and file with MCAD if you are within 300 days.

Contact a Massachusetts employment lawyer to assess your case, protect deadlines, and plan strategy before you talk to HR further or sign anything.