Massachusetts Employment Law

Massachusetts Chapter 151B is the state's primary anti-discrimination statute, prohibiting employment discrimination based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, age (40+), disability, military service, criminal record (with limitations), pregnancy, and reproductive health decisions. The Act covers employers with six or more employees and complaints must be filed within 300 days with the Massachusetts Commission Against Discrimination (MCAD). Massachusetts has been a leader in expanding employment protections, including early adoption of sexual orientation and gender identity protections.

The Massachusetts Paid Family and Medical Leave (PFML) law provides eligible workers with up to 20 weeks of paid medical leave and up to 12 weeks of paid family leave per benefit year, funded through payroll contributions. The program covers nearly all Massachusetts workers, including self-employed individuals who opt in. It provides job protection for employees who take leave and prohibits retaliation for using PFML benefits.

The Massachusetts Equal Pay Act, significantly strengthened in 2018, prohibits gender-based wage discrimination and requires equal pay for comparable work. The Act goes beyond the federal Equal Pay Act by using a "comparable work" standard rather than "substantially equal work," making it easier for employees to establish claims. It also prohibits employers from asking about salary history prior to making a job offer and provides a safe harbor for employers who conduct good-faith self-evaluations of pay practices.

Prohibits employers from asking about criminal history on initial written job applications. Part of the broader ban-the-box movement. Employers may inquire after an initial interview or conditional offer.

Boston's human rights ordinance prohibits employment discrimination and provides protections that complement the Massachusetts anti-discrimination law (Chapter 151B). Covers employers with 6 or more employees and includes enforcement by the Boston Human Rights Commission.