Expansion of Discrimination Laws

MANAGEMENT MOXIE Nimble News

MASSACHUSETTS COURT EXPANDS RIGHTS IN
DISCRIMINATION NATION

THE DECISION
The regulation of today’s workplace continues to expand. The Massachusetts Supreme Judicial Court has ruled in the case of Tracy Thurdin v. SEI Boston, LLC, that employers with fewer than six employees can be held legally responsible for discrimination under one of the provisions of the Massachusetts Equal Rights Act (MERA). Previous to the Thurdin decision, Massachusetts employers with fewer than six employees could not be held liable for discrimination, because of the exclusion for such businesses contained within Massachusetts General Law Chapter 151B, Section 1 (the definition of "employer"). What does this mean for business small and large?

THE IMPACT
The Massachusetts anti-discrimination law (Ch. 151B) excludes employers with fewer than six employees. In Thurdin, the Massachusetts Supreme Judicial Court (SJC) held that an employee may sue a small employer under the Massachusetts Equal Rights Act (MERA) whenever the anti-discrimination law does not apply. This decision opens the door not only for employees of small companies to bring a discrimination claim but also for non-employees of small or large employers. For example, an independent contractor who is not covered by the anti-discrimination law may now bring a claim under MERA because of the Thurdin decision. The SJC did not address non-employees in Thurdin, but their willingness to extend MERA will certainly encourage new claims by employees and non-employees. It is easier to bring a lawsuit under MERA because there is no requirement to first file a claim with the Massachusetts Commission Against Discrimination (MCAD). Moreover, MERA allows for the award of costs and attorneys fees which provides more incentive for claims.

WHAT TO DO
An ounce of prevention is worth a pound of cure is never more true than in Massachusetts today. The courts liberally apply discrimination laws to matters involving race, gender, sexual orientation, religious persuasion, veteran status, disability and sexual harassment for small and large employers. Small businesses that were previously excluded are on the hook, and non-employees may be allowed to bring a claim against businesses large and small. Employee education and implementation of a no-tolerance policy on discrimination and sexual harassment are a must. Please contact us if you need to create or update your policies or handbook. And check out our website www.foleylawpractice.com, click on the News section and review our prior Moxies on harassment and discrimination.

WE CAN HELP

Contact info@neworkplacelaw.com or call 508-548-4888

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