Massachusetts Age Discrimination: What you need to know

Massachusetts has three separate laws that prohibit age discrimination in employment:
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
The Massachusetts Fair Employment Practices Act (FEPA) prohibits employers from discriminating against applicants or employees on the basis of age (MA Gen. Laws Ch. 151B Sec. 4et seq.). The FEPA protects individuals who are at least 40 years old and covers public and private employers with six or more employees.
A separate law prohibits employers from discharging or refusing to hire an individual on the basis of age. The law protects individuals over the age of 40 and covers all private employers (MA Gen. Laws Ch. 149 Sec. 24aet seq.). The courts in Massachusetts have ruled that this law provides only a penalty and cannot be used to bring a civil action for wrongful termination based on age discrimination (Treadwell v. John Hancock Mut. Life Ins. Co., 666 F. Supp. 278 (D. Mass. 1987)).
The Massachusetts Equal Rights Act (MERA) gives any person, regardless of age, the same rights as other persons to make and enforce contracts. A similar law at the federal level has been interpreted to cover various aspects of the employment relationship (MA Gen. Laws Ch. 93 Sec. 103). The courts in Massachusetts have ruled that the MERA does not create an independent right to vindicate discrimination that can otherwise be addressed under the FEPA (Cargill v. Harvard Univ., 60 Mass. App. Ct. 585 (Mass. App. Ct. 2004)). As long as the FEPA applies to an individual's allegations, it provides the exclusive remedy for employment discrimination.
Under the FEPA, it is unlawful labor practice for an employer to:
• Refuse to hire or employ or to bar or discharge from employment because of age.
• Discriminate against an individual in compensation ...

>> Read more about Age Discrimination

More on this topic:

State Requirements

National | Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

Massachusetts Age Discrimination Resources

Age Discrimination Products

What to Do About Personnel Problems in [Your State]
Understand how to comply with all HR regulations in YOUR state with this practical resource. You get plain-English explanations of state laws on over 200 key personnel topics. Includes comparisons of your state HR laws vs. federal. No wonder our customers call this service "THE HR RED BOOK™".
Subscription includes online companion site with links/news!
Book available either in print or on CD!"
What to Do About Personnel Problems [in Your State] on CD-ROM
This practical CD ROM resource is the easy way to understand how to comply with all HR regulations in YOUR state. You get plain-English explanations of state laws on over 200 key personnel topics. Includes comparisons of your state HR laws vs. federal. No wonder our customers call this service "THE HR RED BOOK®".
Available in CD or Print delivery."
Age Discrimination Webinar Recording
BLR Webinar: "Age Discrimination: How To Legally Manage Your Aging Workforce""
How to Write an Affirmative Action Plan

Your how-to guidance to build a sound affirmative action program with guaranteed compliance! Be ready for an EEOC or OFCCP visit, and avoid the risk of costly lawsuits.

Your AA Plan is your key to qualify for grant monies and contracts!

This manual is a proven winner -
Grand APEX and SHRM Great 8 of 2009 recipient!"
Plus of Us: Dynamic Diversity Training
The concept of diversity is often difficult and confusing — but it doesn't have to be! Your supervisors and employees must take diversity seriously. "
Free Special Reports
Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Critical HR Recordkeeping

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!

This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.