Massachusetts National Origin Discrimination laws & HR compliance analysis

Massachusetts National Origin Discrimination: What you need to know

The Massachusetts Fair Employment Practices Act (FEPA) prohibits discrimination in employment because of national origin or ancestry (MA Gen. Laws Ch. 151B Sec. 1et seq.). The FEPA covers all public employers and private employers with six or more employees. Under the FEPA, it is unlawful for an employer to:
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• Refuse to hire or employ or to bar or discharge an individual from employment based on national origin or ancestry.
• Discriminate against an individual in compensation or in terms, conditions, or privileges of employment based on national origin or ancestry, unless based upon 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 national origin or ancestry, unless based on a BFOQ.
• Discharge, expel, or otherwise discriminate against any person because they have opposed any practices forbidden under the FEPA or because they have filed a complaint, testified, or assisted in any proceeding under the FEPA.
• Coerce, intimidate, threaten, or interfere with another person in the exercise of any right protected by the FEPA, or to do the same to any other person for having aided or encouraged a person to exercise his or her rights under the FEPA.
• For any person, whether an employer or an employee, to aid, abet, incite, compel, or coerce any of the acts forbidden under the FEPA or to attempt to do so.
Independent review of adverse actions. The 1st Circuit Court of Appeals has ruled that an adverse employment decision made independently by an employer's review committee ...

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