Massachusetts Sex Discrimination Laws: Your Rights

Quick Answer: Chapter 151B prohibits sex discrimination at employers with 6+ employees—broader than federal Title VII (15+). Massachusetts also has strong equal pay laws (Massachusetts Equal Pay Act) prohibiting pay discrimination. File with MCAD within 300 days.

Massachusetts provides comprehensive sex discrimination protections.

Massachusetts Sex Protections

Chapter 151B

Protects against:

• Sex/gender discrimination
• Gender stereotyping
• Pregnancy (also MPWFA)
• Sexual harassment

Applies to:

• 6+ employee employers
• All employment decisions

Equal Pay Act

Massachusetts EPA:

• Equal pay for comparable work
• Broadly defined comparisons
• No salary history inquiries
• Strong enforcement

Federal Title VII

Also provides:

• 15+ employees
• EEOC enforcement
• Works with state law

What's Prohibited

Hiring

Cannot:

• Refuse hire based on sex
• Ask about family plans
• Use gender stereotypes
• Discriminate in recruitment

Pay Discrimination

Massachusetts EPA prohibits:

• Pay differences for comparable work
• Asking salary history
• Prohibiting pay discussions
• Retaliation for discussing pay

Workplace Treatment

Cannot:

• Fire based on sex
• Deny promotions
• Assign based on gender
• Provide unequal benefits

Harassment

Prohibited:

• Sexual harassment
• Gender-based harassment
• Hostile environment
• Quid pro quo demands

Massachusetts Equal Pay Act

Key Provisions

Requires:

• Equal pay for comparable work
• "Comparable" broadly defined
• Legitimate factors may justify differences

Salary History Ban

Employers cannot:

• Ask about prior salary
• Require salary history
• Use history to set pay

Pay Transparency

Employees can:

• Discuss wages freely
• Request pay information
• Compare with colleagues

Filing Complaints

MCAD (State)

Massachusetts Commission Against Discrimination:

• Phone: 617-994-6000
• Deadline: 300 days
• Strong enforcement

EEOC (Federal)

Also available:

• Phone: 617-565-3200
• Workshares with MCAD

Attorney General

Equal pay violations:

• Phone: 617-727-3465
• Fair Labor Division

Common Scenarios

Scenario 1: Pay Gap

Situation: Male colleague paid more for same work.

Analysis: Equal Pay Act violation. File complaint.

Scenario 2: Promotion Denied

Situation: Passed over, less qualified man promoted.

Analysis: Possible sex discrimination. Document and file.

Scenario 3: Salary History Asked

Situation: Interviewer asked about prior salary.

Analysis: Illegal under Massachusetts EPA. Report.

Scenario 4: Mom Track

Situation: Treated differently after having children.

Analysis: Gender stereotyping illegal. File MCAD.

Proving Sex Discrimination

Evidence Types

Document:

• Pay comparisons
• Treatment differences
• Discriminatory comments
• Pattern evidence

Comparators

Show:

• Different treatment
• Similar qualifications
• No legitimate reason

Remedies Available

MCAD Relief

May obtain:

• Back pay
• Pay adjustment
• Compensatory damages
• Emotional distress
• Attorney's fees

Equal Pay Remedies

Available:

• Unpaid wages
• Liquidated damages
• Attorney's fees

Frequently Asked Questions

Does Massachusetts have equal pay laws?

Yes. Strong Equal Pay Act with salary history ban.

Can employer ask my salary history?

No. Illegal in Massachusetts.

What's the filing deadline?

300 days with MCAD.

What employers are covered?

6+ employees under Chapter 151B.

Related Topics

• Massachusetts Workplace Discrimination
• Massachusetts Sexual Harassment
• Massachusetts Pregnancy Discrimination
• Massachusetts Employment Law Hub

Take Action

If facing sex discrimination:

1. Document pay and treatment
2. Compare with colleagues
3. Note 300-day deadline
4. File MCAD complaint
5. Consult attorney

Legal Disclaimer

This article provides general information about sex discrimination in Massachusetts and is not legal advice. For specific advice, consult a licensed Massachusetts employment attorney.

For official information:

• MCAD: https://www.mass.gov/orgs/mcad | 617-994-6000
• AG Fair Labor: https://www.mass.gov/ago | 617-727-3465