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This is the final post in the Workers’ Rights blog series, which has covered workplace safety, fair wages, workplace benefits, workers’ compensation, and workplace discrimination and harassment in Massachusetts.
In 2015, the Massachusetts Commission Against Discrimination (MCAD) received more than 2,400 complaints about discrimination at work, making up 80 percent of all of the complaints they received that year.
No matter where you work, you’re entitled to a workplace that’s free of discrimination and harassment. MCAD provides information on these rights and explains how to file a complaint if your rights are violated.
Discrimination
MCAD defines discrimination in the workplace as something your employer does that hurts you based on your membership to a certain group, like an age range, race, or gender. It’s illegal for employers in the state with six or more employees to discriminate against current or prospective employees based on:
- Race or color
- Religion
- Nationality or ancestry
- Sex
- Pregnancy
- Gender identity or sexual orientation
- Age
- Disability
- Mental illness
- Genetics
- Military experience
- Parental leave
Employers can’t take discriminatory actions against you based on your membership in a protected class, such as:
- Fire you
- Refuse to promote you
- Give you a poor evaluation
- Harass you
- Deny you accommodations for a disability
There are also laws for what questions employers may and may not ask you about a group you are part of.
Sexual Harassment
In Massachusetts, you have the right to work without being sexually harassed. MCAD defines two types of sexual harassment in the workplace, which may happen separately or at the same time.
- Quid Pro Quo Harassment — When an employer or another employee says or implies that you need to accept their sexual advances to keep your job or get a promotion, it’s considered quid pro quo harassment.
- Hostile Work Environment Harassment — If you feel intimidated or humiliated at work because of sexual jokes or comments, inappropriate touching, or requests for sexual advances or favors, you may be experiencing hostile work environment harassment.
How to File a Complaint
If you believe you’ve been discriminated against or sexually harassed at work, you can file a discrimination complaint with MCAD. Your employer can’t take any action against you for filing, no matter what the outcome is.
Not sure where to start? Don’t worry. Staff members at MCAD will provide you information on the complaint process:
- Visit an MCAD Office — MCAD recommends that you file your complaint in person by visiting one of their four locations in Boston, Springfield, Worcester, or New Bedford. In some cases, you may be able to file a complaint by mail or over the phone if you can’t come to an office. If you’re not sure whether you’ve been discriminated against or not, you can meet with an MCAD staff member who can provide you information.
- Take Part in an Intake Interview — When you file your complaint, you’ll have a private consultation, called an intake interview, to start the process.
- Start an Investigation — Once you have an intake interview, an investigator will be assigned your case and may contact you for additional information.
- Decide if There Is Probable Cause — After the investigation is complete, MCAD will decide if there is probable cause to move forward, possibly with a settlement or public hearing.
Discrimination and sexual harassment are serious issues that can make your daily life painful and upsetting. If you think your rights are being violated at work, contact MCAD to learn more about your options.
Do you know someone who has been discriminated against or sexually harassed at work? Share this post with them so they know what their rights are.
Tags: discrimination, discrimination at work, discrimination in the workplace, harassment, harassment at work, harassment in the workplace, hostile work environment, job interview, job interviews, sexual harassment, work, working, workplace discrimination, workplace harassment
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I was harassed at work so badly its was tramatic. I followed all the steps I was surpose to, even got a lawyer and it still took place and it got worse after I hired a lawyer. Then just had a manager document lies about me, a nurse practioner even went in several patients charts and change their information around and it i proved she did it because it shows who and what time she did it they just did different things everyday I went into work and harassed me everyday until they fired me this went on for about 9 months my lawyer never helped. It didnt matter that I proved I didnt do anything, and it all started when I was told to go to human resources because this co worker kept harassing me and being a bully. So its not true The laws protect you!! I had all the documentation what I wrote and what was in the electronic medical record. I had a manager,the head of HR, and a doctor in a room against me! This went on everyday for 9 months…I wasnt treated like a human being. I EVEN HAVE MY EXCEPTIONAL REVIEWS.