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EMPLOYMENT LAW GUIDE: - page 87 / 134





87 / 134

Exhibit B

Massachusetts Commission Against Discrimination


Federal law and Massachusetts law both prohibit employers from discriminating against their employees based on their age. The Massachusetts Commission Against Discrimination (MCAD) is the state agency that enforces these laws in Massachusetts. Employers of six or more individuals are covered by the state statute. The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces the federal statute. Employers of twenty or more individuals are covered by the federal statute.

These laws mean that if you are 40 years old or older, an employer may not take any adverse employment actions against you because of your age. This includes:

  • Refusing to hire

  • Terminating, discharging, or laying off

  • Refusing to promote

  • Paying lower wages or giving fewer benefits, or discriminating against you in

any other term or condition of employment.

An employer may have violated the law if your age was the reason or one of the reasons for the action taken against you. If you were terminated and replaced because of your age, your replacement does not have to be under 40 in order for you to have a valid claim. However, an employer does not necessarily violate the law merely because it terminated you in favor of someone younger, or hires or promotes someone younger instead of you.

Your employer generally may not require you to retire at a certain age. There are exceptions to this rule for certain public employees and for certain high-compensated executives.

Waiver of Rights: Employees are sometimes asked to sign statements releasing their employers from any liability they may have for violating age discrimination laws. If you are asked to sign such a statement, you may wish to consult an attorney. However, you should know such waivers may not be enforceable unless certain conditions are met. Some of the conditions are:

  • The waiver must be clear and understandable.

  • The employer has to be offering you something in return (such as increased

severance benefits).


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