Boston Employment Lawyer

Generally 300 days from the discriminatory act, filed with the Massachusetts Commission Against Discrimination. For most Chapter 151B claims, that filing comes first. Once the complaint has been pending for 90 days, you can ask to move it to court, and any lawsuit has to be filed within three years of the discriminatory act. The 300-day agency deadline is the one that most often decides whether a claim survives, so it’s the date to track.

Yes, if the employer has six or more employees. Chapter 151B treats discrimination based on pregnancy, childbirth, or lactation as sex discrimination, and it covers employers well below the federal threshold of fifteen. That includes firing, demotion, reduced hours, or being passed over because you’re pregnant or recently gave birth. Employers with 15 or more employees also have to provide reasonable accommodations for pregnancy-related limitations under the federal Pregnant Workers Fairness Act. Complaints generally go to the MCAD within 300 days.

Often, yes. Massachusetts law doesn’t require severance, so the first offer is usually an opening position. What usually moves the number is what you’d be giving up: a severance release typically waives claims like discrimination, retaliation, or a firing tied to medical leave. Other terms can be negotiated too, including your reference, how the separation is described, and how long health coverage continues. Having the agreement reviewed before you sign is how you find out what those claims are worth.

No. The Massachusetts Paid Family and Medical Leave program provides up to 20 weeks of paid leave for your own serious health condition and up to 12 weeks to care for a family member or bond with a new child, with a combined maximum of 26 weeks in a benefit year. Your job is protected while you’re out, and your employer can’t retaliate against you for requesting or taking the leave. That protection begins once you notify your employer, not only after benefits are approved.

Yes, far more of them than federal law does. Chapter 151B applies to employers with six or more employees, well below the 15-employee threshold for Title VII and the ADA. That gives many Boston employees of small businesses, restaurants, and practices a state discrimination claim where no federal claim exists. The law also covers a broad range of characteristics, including sexual orientation, gender identity, genetic information, and military status.

Report it in writing through the channel your employer’s policy names, and keep a copy. Massachusetts requires employers with six or more employees to have a written sexual harassment policy that explains how to report and how complaints are investigated. A written report creates a record and puts the employer on notice, which matters later if it fails to act. Keep your own notes of dates, what was said, and who saw it. Retaliating against you for reporting is illegal in itself.