GENDER DISCRIMINATION CLAIMS
Davis, Pontikes & Swartz, LLC. handles Massachusetts gender discrimination claims for both employees and employers. The firm is very experienced practicing before the Massachusetts Commission Against Discrimination ("MCAD") and the Massachusetts courts, as well as alternative dispute resolution fora in Massachusetts. We are always ready to consult with employees or employers facing a gender discrimination lawsuit.
State law and federal law both prohibit gender discrimination. The Massachusetts Fair Employment Practices Act, contained in the Massachusetts General Laws, makes it illegal to discriminate on the basis of sex in the hiring, firing, compensation or other terms or conditions of employment. G.L. c. 151B, §4(1). Title VII of the Civil Rights Act of 1964 is similar to Massachusetts law. 42 U.S.C. § 2000e.
Today there are few employers who overtly distinguish between employees on the basis of gender. Most cases of gender discrimination must be proven using circumstantial evidence, to indirectly demonstrate the intentions of the employer or the effects of the employer's policies. Gender discrimination make appear in the workplace through sexual stereotyping, the implementation of dress codes or grooming codes, or "sex-plus" policies.
"Sex-plus" discrimination is the practice of making decisions based on differentiations between employees within the same gender because of an addition "plus" characteristic. Examples include discriminatory practices affecting members of a gender on the basis of pregnancy, marital status, parenthood, appearance or other characteristics.
Massachusetts and the federal government have enacted equal pay acts which offer protection in addition to the laws prohibiting gender discrimination generally. 29 U.S.C. §§ 206(d), 216; G.L. c. 149, §105A. Each of these laws has different requirements which a plaintiff must meet to establish a valid claim, but they share a common purpose.
Whether you are an individual or a small to mid-size company, if you are interested in becoming a DPS client, please contact us through our website or call our main telephone number (617) 357-1888 to schedule a consultation with a member of the DPS legal team.
