MCAD “Know Your Rights”
In this presentation, we are going to go over your rights under Massachusetts’ anti-discrimination laws pertaining to Employment, Housing and Public Accommodations.
What does the MCAD do?
Enforces state anti-discrimination laws by investigating and mediating complaints in employment, housing, mortgage and lending, public accommodations, and education.
In this presentation, we will not be covering the education statues that the MCAD enforces. If you would like more information about our education jurisdiction, please consult our website.
The MCAD also Educates and informs the public on their rights and responsibilities.
Filing a Complaint
- There is no charge
- You do not need an attorney to file
- Your complaint will not be anonymous
- Interpreters are available
- Please consult our website for information http://www.mass.gov/mcad
We are going start by discussing common forms of unlawful discrimination covered under Massachusetts state law.
Disparate Treatment: Treating someone differently because of their membership in a protected category. We will discuss the protected categories in the coming slides.
Harassment: The state law covers discriminatory harassment and sexual harassment, which we will break down in the coming slides.
Failure to Accommodate: When employers, housing providers, or proprietors of public places fail to change their policies or physical structures in order to allow people with disabilities, religious needs, or who are pregnant to fully access their work environment, housing, or a public place.
Disparate Impact: is a policy or rule that appears neutral on it’s face but affects one group of people more than another based on their membership in a protected category.
Retaliation: under the state anti-discrimination laws it is illegal to retaliate against any person because they have opposed any discriminatory practices, exercised their rights under Massachusetts anti-discrimination law, or because they have filed a complaint with the MCAD
Now let’s discuss employment anti-discrimination law
Employers Covered
- 6 or more employees (under Mass. General Laws Chapter 151B)
- And As of April 1, 2015, domestic workers are covered, even if there are fewer than 6 employees
We will begin by going over the protected groups in employment.
Please note the following important points:
- Employees from majority groups as well as employees from minority groups are protected from discrimination at work.
- An employee can be protected from discrimination if they are perceived to be a member of a group, even if they are not.
- An employee can also be protected from discrimination if they are associated with someone from another protected category.
- Age: Employees are protected from age discrimination if they are 40 or above.
- Criminal Records: In Massachusetts, during the initial stages of an application, employers cannot ask about an applicants criminal history.
- Disability: Employees are protected if they have a disability, a record of a disability, or are perceived to have a disability.
- Sex/Gender: Employers cannot discriminate based on an individuals sex or gender.
- Gender Identity: Employers cannot make employment decisions based on an employee’s gender identity.
- Genetics: Employers cannot ask about family medical history or make employment decisions based on an employee’s genetic information.
- Active military personnel are protected from discrimination in the workplace.
- Veteran Status: Employees are protected if they are a veteran.
- Ancestry/National Origin: National Origin is where you are from, ancestry is your family background. Both are protected in employment.
- Religion: Religious beliefs, even ones that are not common, are protected in employment.
- Race/Color: Employees cannot be discriminated against due to their racial identity or their skin color.
- Sexual Orientation: Employees are protected from discrimination regardless of their sexual orientation.
Let’s transition from the protected categories, to discuss the common forms of illegal discrimination in employment. First, is disparate treatment. As a reminder, disparate treatment is treating someone differently because of their membership in a protected category. Disparate treatment in employment can take many forms but some of the most commons examples are listed on this slide.
Disparate Treatment (Common Examples)
- Non-selection / non- promotion
- Lower salary, denial of leave, or other benefits
- Denial of training or professional development
- Inequitable discipline or appraisal
- Termination
Harassment in the workplace is prohibited. The first form of harassment we are going to cover is sexual harassment. There are two types of sexual harassment.
Sexual Harassment: Quid Pro Quo
When submission to, or rejection of, sexual advances, or requests for sexual favors, or other sexual conduct is explicitly or implicitly a term or condition of employment;
And Submission to or rejection of sexual conduct is a basis for employment decisions.
In other words, when an employee in a position of power leverages their power for sexual favors.
The second form of sexual harassment is hostile work environment defined as Sexual advances, requests for sexual favors, or other verbal or physical conduct that unreasonably interferes with an individual’s work performance by creating an intimidating, hostile, or sexually offensive work environment.
In other words, when an employee is subjected to unwelcome advances, sexual innuendos, or offensive sexual language by anyone in the workplace.
Another form of unlawful harassment in the workplace is discriminatory harassment. Discriminatory harassment is defined as verbal or physical conduct that unreasonably interferes with an individual’s work performance by creating an intimidating, hostile, or offensive work environment based on their membership in a protected category.
In other words, employees are protected from unwelcome conduct linked to any of the protected groups we reviewed a few slides ago.
An accommodation is a change to policies or physical structures in order to allow people with disabilities, religious needs, or who are pregnant to fully access their work environment. If any employee has a disability, religious need, or is pregnant, they must request an accommodation from their employer.
Once an employee tells their employer that they may need an accommodation, the employer must engage in a back-and-forth conversation with their employee called the “interactive process.” During the “interactive process,” employees and their employers discuss changes to policies - or physical changes to the workplace- in order to allow the employee to perform their job. Employers are legally required to provide reasonable accommodations to their employees. An employer may deny an accommodation if it is a safety threat or an undue hardship for the employer.
Please note in 2018, the Massachusetts legislature added additional protections for pregnant workers in Massachusetts. Please see our website for more details.
The next few slides are going to discuss Massachusetts anti-discrimination laws in housing.
We will begin by going over the protected groups in housing.
As a reminder:
- Residents from majority groups as well as residents from minority groups are protected from discrimination in housing.
- Residents can be protected from discrimination if they are perceived to be a member of a group, even if they are not.
- A resident can also be protected from discrimination if they are associated with someone from another protected category.
Like employment, you are protected based on all of the characteristics listed on this slide. Notice a few key differences between housing protections and employment protections: age is protected if you are 18 or above; children as related to Massachusetts lead paint laws; marital status or familial status; and receipt of public assistance such as section 8, SSDI, or another program are covered under the law.
All of these protected categories apply to ads, public housing, private realtors, landlords, and all other types of housing.
Housing providers, realtors, and lenders cannot publish discriminatory ads, cannot treat some clients or residents differently than others based on their protected categories, cannot harass clients or residents, and must ensure all clients and residents have full and equal access to facilities and privileges of properties.
As a reminder, an accommodation is a change to policies or physical structures in order to allow people with disabilities to fully access their housing. If a resident has a disability they may request an accommodation from their housing provider.
Residents must tell their landlords about their need for a reasonable accommodation, and residents and their housing providers must engage in a back and forth conversation called an “interactive process.” During the "interactive process,” residents and housing providers discuss changes to policies -or physical changes to properties - in order to allow residents to access and live in their unit. Housing providers are legally required to provide reasonable accommodations to their residents. A housing provider may deny an accommodation if it is a safety threat or an undue hardship for the housing provider.
The next few slides are going to discuss Massachusetts anti-discrimination laws in public places.
A public place is “Anywhere that is open to the general public (restaurants, businesses, stores, government offices, etc.)”
We will begin by going over the protected groups in public accommodations.
As a reminder,
- Patrons from majority groups as well as patrons from minority groups are protected from discrimination in public places.
- Patrons can be protected from discrimination if they are perceived to be a member of a group, even if they are not.
- A patron can also be protected from discrimination if they are associated with someone from another protected category.
Like employment and housing, you are protected based on all of the categories listed on this slide. Notice that there are fewer protected groups in public places.
Proprietors of public places cannot publish discriminatory ads, cannot treat some customers differently than others based on their protected categories, cannot harass customers or clients, and Must ensure all customers have full and equal access to facilities and privileges of public space
Thank you so much for watching this short webinar. Please explore the MCAD website for more information about Massachusetts anti-discrimination laws.