By Boston, MA, has close to 700,000 residents. The workplace landscape reflects rich opportunities and persistent challenges in fair treatment across industries.
According to fiscal year 2021 data from the Massachusetts Commission Against Discrimination (MCAD), 2,463 new employment discrimination complaints were filed statewide, with approximately.
- 23% Relating to disability
- 17% to Sex
- 13% to Race or color
- 10% to Age
- 23% to Retaliation.
These figures underscore how employees in Boston may face bias in myriad forms, making it more critical than ever to understand how local protections apply.
As labor and employment lawyers in Boston gear up to advise clients, understanding legal rights in employment discrimination cases becomes essential.
In Massachusetts, laws like M.G.L. c. 151B safeguards workers against unfair treatment based on protected characteristics, ranging from race and gender identity to age and retaliation.
Grasping those rights early—and knowing when to contact experienced attorneys—empowers employees to pursue justice and equitable treatment in Boston’s dynamic workplace environment.
In this post, we look at employees’ fundamental rights in an employment discrimination case and what they can do when they experience discrimination.
Understanding An Employment Discrimination Case
Employers discriminate against people sometimes on the basis of their race, gender, age, religion, or disability, and it is referred to as employment discrimination.
Workplace discrimination can be practiced in hiring, promotion, job assignment, or other employment choices. A person needs to be familiar with the types of discrimination to learn about and decide on unfair treatment.
1. Recognizing The Signs
There are several ways discrimination can happen, including unequal pay, discriminatory hiring practices, and wrongful termination.
Harassment is generally unwanted behavior that makes someone’s working environment miserable. The first step towards combating discrimination is recognizing these signs.
Here are more details about the instances when an employment discrimination case can occur. The U.S. Equal Employment Opportunity Commission (EEOC) has a complete list of practices or incidents where an employer can be charged with discrimination.
- Hiring
- Promotion
- Discharge
- Lay-Off
- Assigment
- Firing
- Unequal Pay
- Referral
- Job Training
- Classification
- Benefits
- Not Providing the Right Accommodation for Employees with Disabilities, Pregnant Women, Employees with Specific Medical Conditions, and Employees with Specific Religious Beliefs.
- Conducts that Contradict the Opposition of Discrimination in the Workplace
Moreover, it is discriminatory for an employee if the employer asks for or discloses the medical and genetic information of the former.
2. Legal Protections In Place
There are several anti-discrimination laws against work discrimination. The Civil Rights Act also says that there should be no place for discrimination in the workplace on the basis of race, color, religion, sex, or national origin.
The Age Discrimination in Employment Act safeguards individuals aged 40 and above. The Americans with Disabilities Act safeguards against discrimination on the basis of disability. These laws provide the power to handle unequal treatment.
3. Know Which Organizations Are Covered
The federal laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC) will protect you in an employment discrimination case. However, is the organization you work for covered according to the federal laws?
The federal laws cover the following organizations:
- Staffing Agencies
- Unions
- Educational Institutions
- Local and State Government Organizations
- Most Private Employers
Furthermore, as a current or former employee of any of these organizations, you are entitled to get protection against an employment discrimination case. You can be a manager or a temporary worker with the organization, but you will still get the protection.
Also, even if you are a job applicant and face any form of employment discrimination during the application and interview process, you can file a case.
Moreover, for a union, all the members of the union and the membership applicants are eligible to get the protection.
4. Filing A Complaint
If you believe that you were discriminated against, you can submit a complaint to the relevant agency.
The majority of discrimination cases are dealt with by the Equal Employment Opportunity Commission (EEOC). It is important to do so because there are deadlines, typically 180 days from the date of the incident.
- Visit https://publicportal.eeoc.gov/Portal/Login.aspx and submit your enquiry.
- You can even call the toll-free number, 1-800-669-4000.
- Furthermore, you can connect to 1-844-234-5122 through ASL Video Phone.
5. Gathering Evidence
Good evidence is essential to underpin your case. Obtaining documents, emails, and witness statements can help prove a discrimination case.
Maintaining a log of incidents with dates and descriptions helps show a pattern of unfair treatment. Such evidence is critical when making a case to authorities.
6. Seeking Legal Assistance
It may help to see an attorney who specializes in employment law. Attorneys can offer advice on what steps to take next and navigate the often complicated legal process.
They can also evaluate a case’s strength and advise people about possible outcomes.
7. Mediation And Resolution
Most discrimination cases are mediated. This process employs a neutral third party who helps to negotiate a settlement.
Mediation is less adversarial and more cost-effective than going to court. It allows both parties to reach an acceptable agreement.
8. Taking Legal Action
However, should mediation not work, it may be time to pursue legal action. While a lawsuit can often be necessary, this is also a big step requiring more thought and consideration.
Although lawsuits may take time and resources, they can provide compensation for injuries and bring about policy reforms.
9. Compensation And Remedies
Individuals who have suffered from employment discrimination might get various forms of damage compensation. Such relief may extend from back pay and rehiring to a job to emotional distress damages.
In other instances, employers may have to modify their discriminatory behavior, which benefits not only the victim but the overall work setting.
10. Preventing Future Discrimination
We must also promote open communication and a respectful workplace culture to prevent unhealthy treatments.
Know Your Rights In An Employment Discrimination Case And Fight Back
If you are aware of your rights under the law of employment discrimination, you will also be aware of how to defend yourself and get justice.
Let the victims protect their rights by learning how to identify signs of discrimination, collecting evidence, exploring means of resolving a conflict between them and the discriminator, and reporting human rights abuses.
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