Massachusetts Fair Employment Law
The Massachusetts Fair Employment Law provides that it is illegal to discriminate against any individual on the grounds of race, color, national origin, religion, sex, sexual orientation, genetic information, disability, age, ancestry or military service. The Massachusetts Commission Against Discrimination is the state's civil rights agency, and it provides training to the public and to employers relating to fair employment. Chapter 151B of the Massachusetts General Laws contains the main legal provisions relating to fair employment in the state.
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Definition of Employer and Employee
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Section 1 of Chapter 151B defines "employer" as an entity with more than six employees. The definition excludes social clubs or organizations if they are not set up for private profit. The term "employee" excludes any person employed by his parents, spouse or child. An individual in domestic service does not qualify as an employee under the fair employment laws.
Sexual Harassment
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Section 3A of Chapter 151B states that all employers and labor organizations must promote a workplace that is free of sexual harassment. Every employer must adopt a policy on sexual harassment to specify a range of consequences for employees who commit sexual harassment. The policy must also describe the internal complaints procedure and identify the relevant state and federal discrimination enforcement agencies.
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Hiring, Firing and Conditions of Employment
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Section 4 of Chapter 151B states that an employer may not discriminate against any individual on the grounds of race, color, national origin, religious creed, sexual orientation, sex, genetic information or ancestry. Specifically, an employer cannot refuse to hire someone, or fire someone, on these discriminatory grounds.
Religious Observance
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Employers must respect the religion or creed of their employees. According to Section 4 of Chapter 151B, employers must allow employees time off work for religious observance, provided the employee has given at least 10 days' notice. The employee must make up the time on a mutually convenient basis. The term "creed or religion" includes any sincerely held religious beliefs, regardless if an established church or religious organization approves or endorses them.
Maternity Rights
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Chapter 149 of the Massachusetts General Laws sets out the maternity rights provisions for female employees who have completed the initial probationary periods set by their employers. Section 105D states that an employer must restore a female employee to her previous, or a similar, position after she has taken maternity leave of no more than eight weeks. Employers have discretion whether or not to pay employees on maternity leave.
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