Both Massachusetts and federal law provide employees various protections against unlawful discrimination in the workplace.  To constitute unlawful discrimination, an employer’s conduct must be motivated by animus towards members of a protected class under Massachusetts General Law Chapter 151B or Title VII of the Civil Rights Act.  Protected classes include, race, color, age (40 years or older), disability, and sex (including pregnancy, gender, and sexual orientation).  In addition, both federal and state law prohibit an employer from retaliating against an employee for raising concerns about discrimination.  Either direct evidence of discriminatory animus, or circumstantial evidence that shows an employer’s justification for its actions were simply an attempt to hide its true motives can serve to prove unlawful discrimination.  Discrimination can come in the form of a hostile work environment (riddled with jokes and/or inappropriate comments), failure to make reasonable accommodations for a disability, being treated differently because of a protected category (such as a religious observance), and in some instances being demoted and/or terminated because you raised a complaint related to potential discrimination in the workplace.

The first step to bringing any claim of discrimination, and in order to preserve your rights, is to file a charge with the Massachusetts Commission Against Discrimination (“MCAD”) and the U.S. Equal Employment Opportunity Commission (“EEOC”), the agency that enforces the federal laws surrounding discrimination.  

At the Harbor Law Group, we understand the importance of advancing your claims and explaining the difference between potentially unlawful behavior versus unfairness that may not rise to the level of discriminatory behavior.  We meet with individuals to advise them on whether and how to best pursue legal action.  We have experience representing clients before the MCAD and EEOC as well as pursuing lawsuits in federal and state courts within the Commonwealth.