X hits on this document

PDF document

EMPLOYMENT LAW GUIDE: - page 16 / 134

290 views

0 shares

0 downloads

0 comments

16 / 134

assault) may suffice. Alternatively, a steady barrage of sexual comments or treatment may

be “pervasive” enough to create a hostile working environment even though individual

comments or treatment may seem relatively innocuous when viewed in isolation.

Finally, to be unlawful, the conduct at issue must “interfere” with the job or alter its

conditions. Such interference could be an adverse job action (such as a termination,

suspension or demotion), but that is not required to establish a claim. Further, unlawful

harassment need not be intentional. “Innocent” conduct such as jokes may constitute sexual

harassment.

G.

Sexual Orientation

In Massachusetts, Chapter 151B prohibits employment discrimination on the basis of

sexual orientation. Sexual orientation means “having an orientation for, or being identified

as having an orientation for heterosexuality, bisexuality or homosexuality.” Thus, in most

sexual orientation cases, the primary inquiry is whether the employer identified or perceived

the employee (or applicant) as gay, lesbian, or bisexual, and treated the employee (or

applicant) differently. However, discrimination on the basis of an employee’s

heterosexuality also is unlawful.

H. Religion

The prohibition against religious discrimination includes established and organized

faiths such as Catholicism, Judaism, Islam and Buddhism, as well as “any sincerely held

religious beliefs, without regard to whether such beliefs are approved, espoused, prescribed

or required by an established church or other religious institution or organization.” Also, an

issue that frequently arises in this area is the obligation to provide “reasonable

accommodations” to the employee’s religion (such as a modified schedule) that do not cause

more than a minimal hardship or inconvenience to the employer.

8

Document info
Document views290
Page views290
Page last viewedFri Dec 02 22:51:16 UTC 2016
Pages134
Paragraphs3405
Words33295

Comments