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Fair
Employment Law
The Fair Employment Law declares that it is illegal to discriminate
on the basis of race, color, religious creed, national origin,
sex, sexual orientation, genetic information, military service,
age, ancestry, or disability.
IT
IS UNLAWFUL:
- to
print or circulate any advertisement or use any application
form which directly or indirectly specifies any limitation
on the basis of race, color, religious creed, national origin,
sex, sexual orientation, genetic information, military service,
age, ancestry or disability.
- to
discharge or refuse to hire any individual on the basis
of their race, color, religious creed, national origin,
sex, sexual orientation, genetic information, military service,
age, ancestry, or disability.
- to
discriminate against any individual in matters relating
to compensation, terms, conditions, or privileges of employment
because of their race, color, religious creed, national
origin, sex, sexual orientation, genetic information, military
service, age, ancestry, or disability.
- to
require a woman to leave her job at some arbitrary stage
in her pregnancy or refuse to let her return to work until
a specified time set by the employer.
- to
refuse to grant a female employee at least eight weeks leave
for purposes of childbirth or to treat her absence differently
than any other absence due to disability.
- to
require an employee to remain at work during any day or
part thereof that s/he observes as a religious holiday provided
that the employee gives a ten-day notice and the absence
does not cause undue hardship to the employer.
- to
discharge or refuse to hire any person because of their
failure to furnish information concerning admission to a
center for the treatment of mentally ill persons.
- to
discriminate against a job applicant for failure to furnish
information, written, or oral, concerning: A) an arrest,
detention, or disposition regarding a violation of law in
which no conviction resulted; B) a first conviction for
any of the following misdemeanors: driving under the influence,
simple assault, speeding, minor traffic violations, disturbance
of the peace; or C) conviction for a misdemeanor where the
date of the conviction or end of period of incarceration,
if any, occurred more than five years prior to the employment
application, and the applicant has not been convicted of
any offense within the five years immediately before the
date of application.
RETALIATION
It is illegal to retaliate against any person because s/he
has opposed any practices forbidden under this Chapter 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 the doings of any
of the acts forbidden under this Chapter or attempt to do
so.
SEXUAL HARASSMENT
151B:1,18 The term "sexual harassment" shall mean
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 either explicitly or implicitly a term or condition of
employment or as a basis for employment decisions: (b) such
advances, requests or conduct have the purpose or effect of
unreasonably interfering with an individual's work performance
by creating an intimidating, hostile, humiliating or sexually
offensive work environment.
COMPLAINTS
All complaints must be filed in writing. Information on the
filing of complaints can be obtained by contacting the Massachusetts
Commission Against Discrimination at the following locations:
Boston Office
One Ashburton Place
Room 601
Boston, MA 02108
(617) 994-6000 Voice
(617) 994-6196 TTY
Springfield Office
436 Dwight Street
Suite 220
Springfield, MA 01103
(413) 739-2145
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