Get an instant referral. Automatic referrals are available 24/7.
Speak to an LRS representative (Mon.-Fri., 9 a.m. – 4:45 p.m.)
(617) 654-0400
(866) 627-7577
-- Christopher from Walpole
-- MBA Vice President Marsha V. Kazarosian speaks on value of the MBA's Lawyer Referral Service.
Discrimination
Employment Discrimination
Housing
Education
Defamation
Constitutional Rights
Discrimination
How do I prove that
I was discriminated against?
How do I prove that I was discriminated against? You may have been
discriminated against if you have been treated differently and
unfairly because you are a member of a certain group or class of
people. Discrimination may be proven any number of ways, such as
with statistical data, historical data, documentation that
evidences a pattern and practice of such actions, statements made
to you that indicate a discriminatory motive, the timing of events,
etc.
In employments, those classes include race, color, religion,
national origin, ancestry, sex, age, disability, sexual
orientation, genetics or past involvement in a discrimination
complaint.
In housing, those classes include race color religion, national
origin, ancestry, sex age, disability, sexual orientation, marital
status, children, past involvement in a discrimination complaint,
veteran's status or status as a recipient of public
assistance.
How do I file a
discrimination claim?
You must file a charge of discrimination with the Massachusetts
Commission Against Discrimination (MCAD) with 300 days of the
last adverse act, or you could lose your ability to file a claim.
If you wish to file a claim, an intake worker at the MCAD can
assist you at any of the offices in Boston, Springfield, Worcester
or New Bedford. Although you do not to retain a lawyer to file a
claim of discrimination, it is advisable to seek legal counsel to
assist you in proving your claim.
Employment Discrimination
I am being harassed
at work by co-workers. What can I do?
Massachusetts and federal laws protect the rights of employees to
work free of harassment that is based on the employees' category,
such as race, religion, national origin, disability, sexual
orientation. If you are harassed in a more general sense or
experience a personality conflict, that may not fall under
harassment laws. If the harassment you are experiencing is sexual
in nature then you may have a right to complain of sexual
harassment.
Regardless of the type of harassment, immediately report it to
your supervisor. If the harasser is your supervisor, report the
matter to human resources, or any other appropriate management
official. Management is obligated to conduct a full, impartial
investigation into your claim. If you are not satisfied with
management's response, you should seek the opinion of a lawyer, or
consult with the Massachusetts Commission Against
Discrimination.
I was laid off from
work and my employer hired a younger person to do my job. Is this
age discrimination?
As with many legal questions, the answer is "maybe." A lawyer
would need more information to know for sure. If you are 40 years
or older, you are considered to be among the protected class of
older workers. However, to prove a claim of age discrimination, you
must prove that your employer replaced you with a younger worker
because your employer either preferred not to employ older workers,
or preferred the younger worker with no rational basis. To develop
a claim, therefore, you must consider your employment history and
the employment history of the younger worker. You may have direct
evidence of age discrimination, such as comments from your
supervisor, but even if you do not, evidence of discrimination can
often be found through indirect other methods. Employment lawyers
are trained to provide advice concerning this particular
situation.
Housing
Who is protected from
housing discrimination?
The federal Fair Housing Act and the Fair Housing Amendment Acts
protect against discrimination. Housing cannot be denied because
you are a member of a certain group or class of people. Those
classes include race color religion, national origin, ancestry, sex
age, disability, sexual orientation, marital status, children, past
involvement in a discrimination complaint, veteran's status or
status as a recipient of public assistance.
If I believe I was denied
housing because of discrimination, what should I do?
See "How do I file a discrimination claim?" above.
What are the legal
reasons a landlord can reject a prospective tenant?
A landlord can reject a tenant for several legal reasons,
including credit history, income, bankruptcy, pets, history of
non-payment of rent and references.
Education
Do federal discrimination
laws extend to private schools?
Where a private school's programs or activities receive federal
financial assistance, federal anti-discrimination laws protect the
students in that private school from discrimination based on sex,
race, color, national origin, ancestry or disability.
My child and I are not U.S.
citizens. Can he attend public school?
Yes, children who are not U.S. citizens have the legal right to
attend public school.
How can parents make sure
schools treat their children fairly?
Educate yourself about your child's right to equal
educational opportunities. As soon as possible, raise with your
child's school any treatment you believe is unfair or
discriminatory. Ask the school principal to promptly address any
treatment you believe is discriminatory, based on your child's sex,
race, color, national origin, ancestry, sexual orientation or
disability. Confirm any complaint or report to the school in
writing. You may also file a complaint with the Office of Civil Rights, United States Department of
Education, (617) 289-0111, claiming discrimination or
harassment based on sex, race, color, national origin, ancestry or
disability. You will need to file a complaint with OCR in writing
within 180 calendar days of the date of the alleged discrimination.
OCR may waive its 180 day time-limit based on OCR policies and
procedures. You may also file a complaint with the Civil Rights
Division, U.S. Department of Justice, claiming discrimination
or harassment based on sex, race, color, national origin or
religion.
My child is being bullied?
What do I do?
As soon as possible, report the bullying behavior to a school
administrator. It's recommended that a parent or guardian confirm
any complaint or report of bullying in writing. Try to keep a
written log of all incidents and school contacts. If the problem
persists, ask to meet with the school principal to explain your
continued concerns. If you believe your concerns are not being
addressed adequately, ask to meet with the school superintendent.
You may also file a formal complaint about bullying,
discrimination, or discriminatory harassment with the Massachusetts Department of Elementary and
Secondary Education, Program Quality Assurance Services, Problem
Resolution System, (781) 338-3700.
Click here to learn more about Massachusetts
laws on bullying and cyberbullying.
Defamation
What is the difference
between defamation, libel & slander?
As a general matter, libel concerns false statements which appear
in writing while slander typically refers to false oral statements.
Defamation is generally understood to be the umbrella which covers
both libel and slander.
Can an opinion be
defamatory?
Yes. While statements of pure opinion are typically considered
protected speech, if an opinion is based upon an undisclosed false
fact, it can be actionable.
Can I sue someone who
says or writes something defamatory about me?
In many circumstances, yes. Certain speech is privileged or
otherwise subject to a qualified or absolute
protection.
Can I express my opinion
without fear of being sued for libel or slander?
Pure opinion is protected speech and cannot form the basis of a
defamation claim. However, the line between protected opinion and
defamatory speech can be very difficult to navigate.
Constitutional Rights
What should I do if I
am a victim of police misconduct?
You should contact a lawyer experienced in handling these types of
cases, because they can be complicated in how the pleadings have to
be drafted, to avoid dismissal. You should report any misconduct in
writing to the police department. However, many times the practical
aspects of doing so may make that option difficult, particularly if
you live in the community where you were
victimized.
If I refuse a police
search, can officers search me anyway?
Generally speaking, an officer cannot conduct a search of your
body, home or property unless the officer has reason to believe
that illegal activity is occurring.
Is it legal to
videotape or photograph police?
Generally speaking, any taping with audio in Massachusetts is
prohibited without permission of the subject. However, a recent
case in the First Circuit Appeals Court in Boston (Glik v.
Cunniffe), held that citizens have a constitutionally
protected right to videotape police carrying out their duties in
public. Photographs are also permissible with regard to police
officers or ordinary citizens, except under certain
circumstances.
*These answers do not constitute legal advice and are
written for general information purposes only. Individuals should
consult with a lawyer for specific legal advice.