Best Discrimination Lawyers in Massachusetts
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Find a Lawyer in MassachusettsAbout Discrimination Law in Massachusetts, United States
Discrimination law in Massachusetts is designed to protect individuals from unjust treatment based on specific protected characteristics, such as race, gender, religion, national origin, disability, sexual orientation, age, and more. Massachusetts is known for having some of the strongest anti-discrimination statutes in the United States, often providing more robust protections than federal laws. These laws apply in areas such as employment, housing, public accommodations, education, and access to credit. If you believe you have been treated unfairly because of who you are or certain characteristics you possess, discrimination law may offer you legal remedies.
Why You May Need a Lawyer
There are many situations where you may require legal help for discrimination matters. Some of the most common include:
- Being fired, demoted, or denied a job because of your race, gender, or another protected characteristic.
- Experiencing harassment at work or school that is based on your identity.
- Being denied housing, rentals, or mortgages due to discrimination.
- Facing unequal treatment at restaurants, stores, hotels, or other public spaces.
- Being refused reasonable accommodations for a disability at work, school, or elsewhere.
- Experiencing retaliation for filing a complaint or participating in an investigation regarding discrimination.
- Facing barriers in accessing government services or education because of your identity.
A lawyer can help you understand your rights, gather evidence, file complaints with appropriate authorities, negotiate settlements, or represent you in court if necessary.
Local Laws Overview
Massachusetts prohibits discrimination through several key laws, which are enforced by the Massachusetts Commission Against Discrimination (MCAD). The Massachusetts Fair Employment Practices Act (Chapter 151B) covers employment discrimination, while Chapter 151C covers discrimination in education. Chapter 272 governs public accommodation discrimination, and Chapter 151B also covers housing discrimination. Protected classes in Massachusetts include race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, disability, age, military status, marital status, and more. Additionally, Massachusetts often extends protections not covered by federal law, such as explicit protection based on gender identity or sexual orientation.
Frequently Asked Questions
What types of discrimination are illegal in Massachusetts?
Illegal discrimination in Massachusetts includes unfair treatment based on race, color, national origin, ancestry, religion, sex, sexual orientation, gender identity, disability, age (for those 40 and over in employment), genetic information, marital status, military status, and retaliation for exercising your rights under anti-discrimination laws.
Where can I file a discrimination complaint in Massachusetts?
You can file a complaint with the Massachusetts Commission Against Discrimination (MCAD). In some cases, you might also file complaints with federal agencies, such as the Equal Employment Opportunity Commission (EEOC) for employment issues, but the MCAD is the primary state agency.
How long do I have to file a discrimination claim?
Generally, you have 300 days from the date of the discriminatory act to file a claim with MCAD. Different deadlines may apply depending on the type of discrimination or whether you file with federal agencies, so it is best to consult with a lawyer for your specific situation.
Does Massachusetts law protect against discrimination based on sexual orientation or gender identity?
Yes, Massachusetts law explicitly prohibits discrimination based on sexual orientation and gender identity in employment, housing, public accommodations, credit, and other areas.
Are employers required to provide accommodations for disabilities?
Yes, employers, as well as schools and public facilities, are generally required to provide reasonable accommodations for individuals with disabilities unless doing so would cause undue hardship.
Can I be retaliated against for filing a discrimination complaint?
No, retaliation is strictly prohibited. Massachusetts law makes it illegal for employers or others to punish you for asserting your rights or participating in a discrimination investigation.
Is discrimination by landlords or real estate agents prohibited?
Yes, housing discrimination is illegal in Massachusetts. This includes refusing to rent, sell, or negotiate for housing based on a protected characteristic, or imposing different terms based on who you are.
What remedies are available if I win a discrimination case?
Remedies can include reinstatement of a job or housing, back pay, compensation for emotional distress, orders to stop discriminatory practices, attorney’s fees, and sometimes punitive damages.
How is discrimination in public accommodations addressed?
Public accommodations like restaurants, hotels, retail stores, and public transportation must provide equal service, regardless of protected characteristics. Denial of service or unequal treatment may be grounds for a complaint.
Do I need a lawyer to file a discrimination claim?
You do not need a lawyer to file a complaint, but having legal representation can be very helpful. A lawyer can guide you through the process, help gather evidence, ensure filings are accurate and timely, and represent you in negotiations or hearings.
Additional Resources
If you need more information or would like to pursue a complaint, the following resources may be helpful:
- Massachusetts Commission Against Discrimination (MCAD) - The primary state agency for investigating discrimination claims.
- Equal Employment Opportunity Commission (EEOC) - The federal agency for employment discrimination claims.
- Massachusetts Attorney General’s Civil Rights Division - Handles certain types of discrimination complaints.
- Legal advocacy organizations such as Greater Boston Legal Services and GLAD (GLBTQ Legal Advocates & Defenders).
- Local bar associations and legal aid services for referrals to discrimination law attorneys.
- Massachusetts Office on Disability for disability-related resources and complaints.
Next Steps
If you believe you have experienced discrimination in Massachusetts, it is important to act promptly. Here are steps to consider:
- Document the incident, including dates, involved parties, and any witnesses.
- Save any relevant communications, such as emails or memos.
- Contact the Massachusetts Commission Against Discrimination for guidance on filing a complaint.
- Consult with an experienced discrimination lawyer to understand your rights and legal options.
- Follow any employer or housing provider procedures for internal complaints, where appropriate.
- Be mindful of time limits for filing legal claims.
Seeking legal advice early can help you protect your rights and increase your chances of a positive outcome.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.