The Massachusetts Fair Employment Practices Act (FEPA) prohibits employment practices that discriminate against applicants or employees on the basis of race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, status as a veteran, age (40 years and older), military status, or handicap(MA Gen. Laws Ch. 151B Sec. 1et seq.). The FEPA defines "gender identity" as a person's gender-related identity, appearance, or behavior, regardless of whether it is different from the person's physiology or assigned sex at birth.
The FEPA covers all public employers and private employers with six or more employees, including employment agencies and labor unions.
Marital status. State regulations prohibit employers from making any distinction between married and unmarried women that is not made between married and unmarried men, and vice versa (804 MA Admin. Code Sec. 3.01(4)(a)(5)).
Under the FEPA, it is unlawful labor practice for an employer to:
• Refuse to hire or employ or to bar or discharge from employment on the basis of a protected characteristic.
• Discriminate against an individual in compensation or in terms, conditions, or privileges of employment, unless based on a bona fide occupational qualification (BFOQ).
• Print or circulate any statement, advertisement, or publication or to use any form of application for employment or to make any inquiry or record in connection with employment that expresses any limitation, specification, or discrimination as to a protected characteristic, unless based on a BFOQ.
• Discharge, expel, or otherwise discriminate against any person for opposing any practices forbidden under the FEPA or for filing a complaint, ...