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Massachusetts Employment Discrimination Questions & Answers
0 Answers | Asked in Employment Law, Employment Discrimination and Gov & Administrative Law for Massachusetts on
Q: I’m a city letter carrier with the USPS. I’m curious if I have case for harassment against my employer?

Major events:

On April 17th, I was instructed by my post master to disregard our Heat Illness Prevention Training. Later that day I became sick from heat stress.

On April 22nd, I was informed that I would need to obtain a doctors note and apply for reasonable accommodations in order... View More

Q: In Massachusetts, Can you be terminated from a job, by employer,if you were arrested but trail ended in not guilty?
Roland Godfrey Ottley
Roland Godfrey Ottley pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2023

I think that you may have a case against your employer. Possibly for terminating you before you were able to exonerate yourself against allegations of committing a crime. In addition, there are statutes in In some states, nuch like New York that would address an employer terminating an employee... View More

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1 Answer | Asked in Employment Discrimination for Massachusetts on
Q: Can anyone assist me with limited representation responding to Summary Judgment in Employment Law discrimination suit?
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2023

You may look for an employment lawyer willing to offer "unbundled" services, focusing only on specific tasks such as drafting a response to a motion for summary judgment. Make sure to meet all court deadlines for your response.

1 Answer | Asked in Employment Discrimination and Employment Law for Massachusetts on
Q: Can I sue my coworkers for bullying &/or harassment?

I, 21f, work for security overnight at a hotel in the Greater Boston area. I am the only female in my department and for almost three months the closet person to my age was still 20+ years. 2 weeks in ind. said the n-word twice and reported false information to our director regarding my... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Short answer- yes, but there is no money in it. You need to file Gender/ Racial harassment complaints with the HR department. What they are doing is harassing you because you are female and black. This is prohibited under both Federal and state law. By filing a formal, detailed complaint, you... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Massachusetts on
Q: Is there potential legal recourse for employment discrimination based on age, appearance, and gender?

My manager made hiring more difficult based on their own specifications and not with an emphasis on skill set or qualification. The Manager also fired two experienced colleagues with no causes to do so other than what seemed because of their age.

John Michael Frick
John Michael Frick
answered on Jun 7, 2023

It is unlawful to discriminate in employment against workers over 40 based upon their age.

1 Answer | Asked in Employment Law and Employment Discrimination for Massachusetts on
Q: I was suspended from my job for 3 days no reason why was told Hr would contact me. I feel as though it's retaliation

I had reported that my accomodations for light duty were not being made and a few days later I was suspended and haven't been told why

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 6, 2021

You should contact a Massachusetts employment attorney to discuss your situation. Under the Americans with Disabilities Act, it is unlawful for employers to retaliate against employees based on requests for accommodations (or, in your situation, complaints that the accommodation requested is not... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Massachusetts on
Q: Can I take my employer to court for releasing personal information to outside customers and vendors without my consent?

I recently had a baby prematurely. I shared this information internally with my employer. Within a few hours of sharing, I received an email from a co-worker to a group of customers, (some of which I do not know) detailing not only the birth of my son but also his full name and that he was born... View More

Carrie Dyer
Carrie Dyer
answered on May 12, 2021

More information is needed to analyze your situation. Is your employer requiring you to take a leave you otherwise are not intending to take? Additionally, there is no private cause of action under HIPPA. Only the Department of Health and Human Services and state attorneys general have the power... View More

1 Answer | Asked in Divorce, Child Support, Employment Discrimination and Probate for Massachusetts on
Q: How to go forward with a judge that works with my husband for 20 years ruled against me and my husband told me he would
Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 1, 2021

Are you pro se? Did you tell your attorney this ? A Motion to Recuse is the usual method of proceeding when there is an association between either party and the Judge or an appearance of conflict even it is a good idea for the Judge to recuse.

1 Answer | Asked in Employment Law and Employment Discrimination for Massachusetts on
Q: I work in a assisted living cna, with 2 floors and memory care is the floor no one see's when they come in the entrance.

Upstairs have they have food servers totally different job description, down stairs they force the cna's to do it, but cna's upstairs do not. They have activities up and down stairs when they go home, they are now trying to add that to do when they go home, when upstairs cna's do not... View More

Carrie Dyer
Carrie Dyer
answered on Feb 24, 2021

Unless you have an employment contract dictating otherwise, your employer can generally add to or change your job duties at any time for any reason, as long as it not for an unlawful reason. What you are describing sounds unfair, but it is not unlawful. However, your employer must pay you for all... View More

1 Answer | Asked in Employment Law, Immigration Law and Employment Discrimination for Massachusetts on
Q: Can an employer refuse to hire you on OPT?

I am a Masters' graduate from a STEM degree. I graduated in May 2020 so I am currently on OPT. I was given a confirmed written offer by a company, but when they were doing background checks etc, they asked me about my visa status. I told them I was on STEM OPT so I officially had 3 years of... View More

Hector E. Quiroga
Hector E. Quiroga
answered on Nov 11, 2020

If employment is at will, then there is probably nothing you can do about it. It is hard to say if discrimination based on visa status is valid, given a company’s long-term goals. Your best option would be to discuss your case with an attorney with knowledge of workplace issues.

2 Answers | Asked in Employment Discrimination and Employment Law for Massachusetts on
Q: Do I have a case for wrongful termination based on gender?

I'm a service tech for a franchisee of Panera Bread and Wendy's. I worked there for 18 years. 2 mos ago my boss announced his retirement and his supervisor chose me to take his place (email proof). Right before my supervisors retirement date his boss quit. Someone from another department... View More

Carrie Dyer
Carrie Dyer
answered on May 20, 2020

You may have a claim for gender discrimination under Title VII and state law, but more information is needed to fully evaluate your situation. You should contact an employment attorney in your area as soon as possible to discuss your options.

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1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Massachusetts on
Q: Can a job that already offered me a position (signed offer letter) take back their offer due to my medical condition?

As part of the job I was required to get a medical evaluation before starting, it involved me disclosing any medical conditions I have and some blood work. My blood work came back great, but I have a herniated lumbar disc. Can a job take back their offer, even though I had already signed everything... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 22, 2019

In addition to certain federal agencies that may be able to help you, every state has its own set of employment laws, some of which may cover your particular situation. Contact an employment lawyer near you.

1 Answer | Asked in Education Law, Contracts, Employment Law and Employment Discrimination for Massachusetts on
Q: My tuition remission was revoked when my dad was suddenly laid off. Without it, I will drop out of school. What can I do

I am a third year university student in the Nursing program, with one year left of school (not including the current semester). My tuition is roughly $50,000/year, and my family does not have the ability to take out large loans. My father was working for 26 years when he was suddenly laid off from... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

Perhaps your father might have a basis for an employment law complaint, but that really depends on the facts leading to his termination. Also it would be useful to know when your remission was cut off - mid year or after the full year, as well as the contractual terms of the remission benefits.... View More

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Massachusetts on
Q: Can my employer mandate that I sign a release of all claims because I filed a charge of discrimination with the EEOC?

I do not agree with a single part of the settlement agreement and I do not want to lose my rights to sue. Can my employer terminate me if I refuse to accept and sign the release of claims.

John Espinosa
John Espinosa
answered on Mar 24, 2018

Is your employer asking you to do this as part of a settlement of your claim? If so, then it is up to you whether or not the settlement is worth signing the release and withdrawing your claim.

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1 Answer | Asked in Employment Law, Employment Discrimination and Civil Rights for Massachusetts on
Q: Can I sue?

I work for Amtel and they told me because I called out twice because the first time I went to the clinic do to high blood pressure and I’m diabetic so my sugar was really low the second time was because I got sick with strep and fever and because of my fever I had a really high blood pressure... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Jan 30, 2018

Contact an attorney who specializes in suits under the American's with Disabilities Act. You can call the Boston Bar Association or the Massachusetts Bar Association for a free referral. It would seem that the Company has terminated you for an invalid reason. One issue is however if you were... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Tax Law for Massachusetts on
Q: I settled an employer age discrimination/retaliation complaint in 2017...can I claim fees 2015-17 on my taxes

I filed a legal complaint shortly after quitting in 2015, and filed a MCAD complaint in 2016. The case was settled out of court in 2017

John Espinosa
John Espinosa
answered on Jan 12, 2018

This irs does allow you to deduct attorney fees paid to recover in a discrimination claim on line 36 of form 1040

Q: What could I sue for in this drug test instance?

So my employer is the medical director at a psychiatrist office. I am an administrative assistant. His wife, who does not have a visa to work in this country, randomly drug tested me, in a public bathroom that is shared with the whole office building of different businesses, with a store drug test,... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 4, 2017

First of all if the medical director's wife is here on a Visa that does not permit her to work, then she is prohibited from administering any drug test for your company or any other company. In that event the use of the drug test can be challenged. Second, Massachusetts does not have a defined... View More

0 Answers | Asked in Employment Discrimination, Employment Law and Family Law for Massachusetts on
Q: is it legal/fair for a employer to deny you a job even though you are qualified just because of family?

My mother, sister and stepfather all work at this employer.... mind you it isnt a small employer ... they denied me a job because they work there as well

1 Answer | Asked in Employment Discrimination and Employment Law for Massachusetts on
Q: My employer is dismissing me several hours early so they don't have to give me breastfeeding breaks. Discrimination?

I work at a daycare where my infant attends. I require three 30min breaks but can sometimes switch with another teacher so I can supervise while nursing. Today I was sent home 5 hours early while all my coworkers had to work 9 hour shifts with no lunch break because we are short-staffed. My... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2017

Massachusetts has some pretty decent laws, for such issues.

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