Massachusetts’ Anti-Discrimination Employment Laws

Abstract

The current research will be conducted to analyze the anti-discrimination laws of the state of Massachusetts. Further analysis will be incorporated to investigate the contrasting aspects of anti-discrimination laws covered by the state versus that implemented by the federal government. The two anti-discrimination laws that will be covered by this research include alcohol as a disability, as well as religious beliefs and exemptions. Examples of situations where each law is exempt will be illustrated. This paper will emphasize on two laws that are only established and enforced by the state. Primarily, the law protecting the people from discrimination against misdemeanors and arrests not resulting in convictions. Secondarily, the laws protecting individuals from discrimination against sexual orientation and gender identity. To conclude, this paper will provide details explaining each law, as well as the implications of the existence of such laws, especially the anti-discrimination laws implemented only by the state of Massachusetts.

Massachusetts’ Anti-Discrimination Employment Laws

The United States Federal Government legislature establishes the premises and guidelines for anti-discrimination employment laws. Some states have few laws that prohibit certain practices, while others have implemented laws that surpass the essential guidelines of the federal anti-discrimination laws. Examples of such states include California, Colorado, Vermont, and Massachusetts. While these states provide an extension to the federal anti-discrimination laws, the current essay will establish a general analysis of the anti-discrimination laws of the state of Massachusetts. Furthermore, the current paper will study two categories of anti-discrimination laws that are not protected by the federal government, as well as its significance to the people. The categories include the law protecting the people from discrimination against misdemeanors and arrests not resulting in convictions and that of sexual orientation and gender identity.

Alcoholism as a Disability

The state of Massachusetts has established that employers should not refuse to hire an individual based on history or current recovery from alcoholism. Although sporadic and recreational use of alcohol is not covered by this law, those individuals with an addiction to alcohol or who are currently receiving treatment and counseling are considered handicapped and should not be refused employment based on the specificities aforementioned (Guerin, 2010, pp. 334, 372). As individuals with a physical impediment, such as the inability to walk due to paralysis are considered handicapped, so are alcoholics. Furthermore, this law is not only stipulated by the state, it has been established and protected by the federal government (Guerin, 2010, pp. 334, 372). This law is only applicable to those individuals seeking active counseling and treatment. Furthermore, the individual must be a qualified applicant to be considered for the position pursued.

Religious Beliefs and Exemptions

Residents in the state of Massachusetts are also protected from employment discrimination based on religious beliefs. It is important to note this anti-discrimination law has its exceptions. Specifically, the “Bona Fide Occupational Qualification Exception” protects employers from hiring individuals who do not follow a specific religion (Sims, 2002, p. 62). For instance, a Christian church seeking a dance leader, youth pastor, or administrative assistant would more than likely search for candidates who follow the church’s Christian beliefs. Nevertheless, employers must support the idea that no other individual outside of their preferred religious group would be able to fulfill the job responsibilities, as someone following their religious ideals would (Sims, 2002, pp. 62-63). To avoid discriminating against employees on the premises of religion, employers must provide everyone with equality and respect. Specifically, employee treatment must be egalitarian across employment scenarios including hiring, employee promotions, training, benefits, and firing. Moreover, the state forbids religious discrimination leading to harassment.

Misdemeanors and Arrests

Massachusetts is distinguishable amongst the other states due to the additional factors implemented in its anti-discrimination laws, which are not supported by the federal government. While some states cover the common factors, such as protection of discrimination against race, religious beliefs, color, nationality, gender, age, and handicapped individuals, the state of Massachusetts goes above and beyond to protect its residents from discrimination against people who have been charged with misdemeanors or arrests without convictions and sexual orientation and gender identity. More so, the state of Massachusetts has established laws extending those stipulated by the federal government (Robinson, 2013, p. 9). Although some states include questions regarding arrests and criminal records on job applications, the state of Massachusetts prohibits questions of this nature to be included in employment applications or questionnaires (Perline & Goldschmidt, 2004, p. 78; Walsh, 2013, p. 114). Specifically, the current research stipulates that only eleven out of the 50 states including the District of Columbia has such anti-discrimination laws due to “negligent hiring and supervision claims, the non-uniform accessibility to criminal records data, and the requirements of federal law under the FCRA, the ADA, and the Title VII” (Perline & Goldschmidt, 2004, p. 78). By implementing anti-discrimination laws against people with misdemeanors and arrests not leading to conviction, the state of Massachusetts is actively voicing and supporting offender reintegration to society. As a result, such individuals receive an opportunity for rehabilitation and the state's crime statistics are more likely to decrease.

Sexual Orientation and Gender Identity

While states, such as Alabama, Georgia, Mississippi, and North Dakota does not protect individuals from discrimination against sexual orientation and gender identity, Massachusetts is one of the few states to establish a law protecting individuals from sexual orientation and gender identity discrimination (Walsh, 2013, p. 382). It is the second state to establish a law protecting a gay, lesbian, and/or bisexual individual from employment discrimination under “An Act Relative to Gender Identity” (DeNisi & Griffin, 2013, p. 178). Specifically, this law is defined as an anti-discrimination law against an individual’s sexual orientation. More so, the state has furthered its discrimination laws against sexual orientation to target specific areas, such as transgender individuals. Also, the anti-discrimination law against transgender encapsulates individuals who appear or behave contrary to the rules designated by society as the normal behavior of a male or female individual. The law “An Act Relative to Gender Identity” is not only applicable during the hiring process, but it is also enforceable during the individual’s duration of employment (DeNisi & Griffin, 2013, p. 178). Most noteworthy, the current law protects individuals whose current physiological appearance differs from their natural birth formation. While other states require employers with a minimum of 15 people to abide by the anti-discrimination employment laws, the state of Massachusetts has extended the minimum requirement to employers with at least six employees, excluding the owner and their relatives. In doing so, the state ensures the employment rights and the protection of the majority, except for the few individuals working in companies with less than six employees.

Conclusion

The current research analyzed two categories of the state of Massachusetts’ anti-discrimination laws that are not protected by the Federal Government. Primarily, the research elaborated on the anti-discrimination law protecting individuals with misdemeanors and arrests without convictions. The state’s protection over individuals with misdemeanors and arrests without convictions is significant, as it provides such individuals with the opportunity of rehabilitation, a productive future, and a positive reintegration to society. Such law also leads to a tangible action towards the state’s overall crime reduction, as it prevents individuals from returning to illegal activities as a means of income. Secondarily, this essay provided information on discrimination against sexual orientation and gender identity. A general analysis of the state’s anti-discrimination laws against religious beliefs included the controversial law of the “Bona Fide Occupational Qualification Exception.”

References

DeNisi, A. S., & Griffin, R. W. (2013). Managing a new and diverse workforce. In HR (2nd ed., p. 178). Mason, Ohio: South-Western.

Guerin, L. (2010). Investigating drug and alcohol use. In The essential guide to workplace investigations: How to handle employee complaints & problems (2nd ed., pp. 334, 372). Berkeley, Calif.: Nolo.

Perline, I. H., & Goldschmidt, J. (2004). Employer liability. In The psychology and law of workplace violence a handbook for mental health professionals and employers (p. 78). Springfield, Ill.: C.C. Thomas.

Robinson, D. A. (2013). Introduction. In Workplace discrimination prevention manual tips for executives, managers, and students to increase productivity and reduce litigation. (p. 9). Bloomington: Archway.

Sims, R. R. (2002). The legal environment. In Organizational success through effective human resources management (pp. 62-63). Westport, Conn.: Quorum Books.

Walsh, D. J. (2013). The hiring process, managing a diverse workforce. In Employment law for human resource practice (4th ed., pp. 144, 382). Mason, OH: South-Western Cengage Learning.