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Employment Laws for Massachusetts Companies A Reference Guide 2014 Edition State amp Federal Employment Laws www aimnet org 617 262 1180
Employment Laws for Massachusetts Companies A Reference Guide. 2014 AIM Service Corporation Inc All rights reserved. The content of this publication is provided for educational and informational. purposes only and is not intended and should not be construed as legal. advice or opinion Legal counsel should be consulted for legal planning and. For information on ordering additional copies or bulk orders please call. AIM s Employers Resource Group at 617 262 1180 or 800 470 6277. Associated Industries of Massachusetts,Employers Resource Group. One Beacon Street 16th Floor,Boston MA 02108,Employment Laws. for Massachusetts,A Reference Guide,2014 Edition,State Federal Employment Laws. www aimnet org 617 262 1180,Table of Contents,I Hiring 1 7. Background and Credit Checks Massachusetts Criminal Offender. Records Information CORI Employment Applications Independent. Contractors Job Descriptions Non Compete Agreements Non. Disclosure Agreements Non Piracy Agreements Pre Employment. Physical and Medical Inquiries Retention of Applications. II Discrimination in Employment 7 18, Anti Discrimination Same Sex Marriage Age Discrimination. Armed Services Disability Federal Law Disability State Law. Gender Identity Genetic Discrimination Investigations National. Origin Ancestry English Only Rules Pregnancy Race Color. Religious Freedom Retaliation Sexual Harassment Same Sex. Harassment Sexual Orientation Reverse Discrimination Gender. Discrimination and Social Stereotyping,III Employment 18 28. Employment At Will Employee Handbooks and Personnel Policies. Employment of Minors EEO 1 Reports Immigration E Verify New. Hire Reporting Performance Appraisals and Training Personnel. Records Data Security National Labor Relations Act National Labor. Relations Board Privacy Texting While Driving Smoking Drug. Testing Medical Marijuana Unionized Employers,IV Payment of Wages 29 37. Classification of Employees Direct Deposit Garnishment of Wages. Holiday Work Meal Breaks and Rest Periods Breaks for Nursing. Mothers Minimum Wage On Call Pay Payment of Overtime. Payment of Wages Equal Pay Reporting Pay Show Up Pay. Sunday Work Retail Stores and Shops Training Pay Travel Pay. Vacation Work Schedule One Day of Rest Mandatory Treble Damages. V Health Insurance 37 45, Massachusetts Health Care Reform Federal Health Care Reform. Health Insurance Coverage in Massachusetts ERISA,VI Leaves of Absence 45 49. Federal Family Medical Leave Act FMLA Military FMLA Leave Jury. Duty and Witness Leave Massachusetts Maternity Leave Act MMLA. Massachusetts Small Necessities Leave Act SNLA Military Service. Leave Voting Leave,VII Safety 49 51,Licenses Occupational Safety and Health Act OSHA. VIII Workers Compensation 51 52,Safety Grant Program. IX Termination 52 53, Payment of Wages Unemployment Insurance Severance Pay. Termination Agreements Federal Law COBRA State Law Mini. COBRA Document Retention,X Unemployment Insurance 54 56. Unemployment Insurance Benefits Experience Rating Solvency. Account Health Insurance for the Unemployed Medical. Security Program Lockouts and Strikes Severance Pay and. Termination Agreements Worksharing,XI Benefit Continuation 56 58. Health Insurance Federal Law Consolidated Omnibus Budget. Reconciliation Act COBRA State Law Mini COBRA State. Law Coverage for Divorced or Legally Separated Spouses. State Law Life Insurance,XII Plant Closings 58,Federal Law State Law. XIII Resources 60 61,Massachusetts,Other AIM Employer Reference Guides. About this Guide, This Employment Laws Reference Guide has been prepared by the staff of. Associated Industries of Massachusetts AIM and is intended as a quick. reference for use by AIM members in understanding state and federal. laws regulations and policies affecting employers in Massachusetts The. laws and regulations listed reflect the most common areas of concern. Substantive information added for 2014 is presented in color The. Reference Guide however must always be used within the context of. each individual company s human resources practices and policies as. well as within the context of any union or other employment agreement. Please consult with your employment law attorney before taking. any action based on this Reference Guide The laws are current as of. the time of this Guide s printing Significant changes will be reflected. in subsequent annual updates All citations for the statutes are to the. Massachusetts General Laws M G L and to the Code of Massachusetts. Regulations CMR,AIM Member Human Resources Hotline 800 470 6277. Access to AIM s HR Hotline is a privilege of AIM membership A ready. resource for AIM members the Hotline fields hundreds of questions. each month on topics such as employment law employee relations. policies and procedures compensation employee benefits performance. management discipline and discharge and employment trends We are. also available to further explain the information contained in this Guide. to assist directly with the implementation of programs and policies. and to answer any questions that arise in the day to day business of. maintaining excellence in employer employee relations. AIM membership also allows members to use the AIM Online Resource. Center where members can click and download hundreds of HR. documents ranging from sample forms and policies to required posters. and articles on HR topics For more information on using the Online. Resource Center visit www aimnet org In the back of this Guide is a list. of Web sites where you may access required posters. A note about the impact of differences in Federal and State law. The conflict between state and federal rules occurs throughout. employment law Generally federal law is seen as being permissive. that is it establishes a minimum threshold that all parties must adhere to. but permits states to adopt and enforce other standards more favorable. to employees To cite a few examples the federal minimum wage is 7 25. per hour while the Massachusetts minimum wage is 8 00 per hour and. federal unemployment insurance law requires 26 weeks of benefits while. Massachusetts allows for 30 weeks Employers must follow the higher. stricter standard whether it is federal or state law Exceptions to this. permissive standard do exist For example the federal Occupational Safety. and Health Act OSHA generally preempts state health and safety laws. creating a uniform national standard Likewise the federal Employee. Retirement Income Security Act ERISA generally preempts state laws. relating to retirement or welfare benefit plans,Background and Credit Checks. It is lawful for employers to conduct background and credit checks on. applicants for employment In fact it is highly recommended that employers. perform very thorough background checks Employers that use a third party. to carry out investigations should be aware of certain compliance issues. The federal Fair Credit and Reporting Act FCRA typically requires an. employer to get an applicant s written consent prior to initiating third party. background or credit checks or obtaining reports Employers who rely on such. reports to take an adverse employment action e g denying an applicant. a job reassigning or terminating an employee or denying an employee a. promotion must give the affected individual a pre adverse action disclosure. and a reasonable period of time to correct any misinformation in the report. After the adverse action has been taken the employer must give the affected. individual notice of the action and provide him or her with additional. disclosures including the name address and toll free telephone number of. the agency that made the report a statement that the agency that supplied. the report did not make the decision to take the adverse action and cannot. give specific reasons for it and a notice of the individual s right to dispute the. accuracy or completeness of any information the agency furnished. The FCRA exempts certain third party investigations including those related. to employee misconduct such as sexual harassment and violations of state. and federal law from the prior approval requirement. The Federal Trade Commission FTC rule on the disposal of consumer. report information states that employers may dispose of the information by. contracting with a third party to properly dispose of the information The. employer must monitor the third party s performance to ensure compliance. An employer may also create its own policies and procedures to shred or. use other forms of document destruction In 2007 Massachusetts enacted. a law relating to the disposal of records containing certain information on. Massachusetts residents That law will be discussed in detail in this Guide s. section on Employment Data Security More detailed information is. available in AIM s Massachusetts Data Security Laws A Reference Guide. Massachusetts Criminal Offender Records Information. The Massachusetts Criminal Offender Records Information CORI process. allows employers to request CORI on an applicant to determine if the. applicant has a criminal record in Massachusetts In 2010 Massachusetts. made significant legislative reforms to employer s access to use of and. inquiry into an applicant s criminal history, The law prohibits employers from asking questions on an initial written. application form about an applicant s criminal offender record. information which includes information about criminal charges arrests. convictions and incarceration Employers therefore are urged to remove. all inquiries concerning criminal history from their employment applications. The only exceptions expressly provided in the CORI reform law are for 1. positions for which a federal or state law or regulation disqualifies an. applicant based on a conviction or 2 employers who are subject to an. obligation under a federal or state law regulation or accreditation not to. employ persons who have been convicted, The Department of Criminal Justice Information Systems DCJIS is. responsible for maintaining a CORI database and providing employers with. access to it, The law imposes several additional changes to the CORI system. Private employers have access to CORI records through an online. database accessible for a fee of 25 per record Employers that were. previously ineligible to access the CORI database now have the option of. using the CORI system, The law limits the information that most employers may obtain through the. CORI system to 1 felony records for 10 years following the disposition of. the felony 2 misdemeanor records for 5 years following the disposition. of the misdemeanor and 3 pending criminal charges Convictions for. murder voluntary manslaughter involuntary manslaughter and certain. sex offenses will be available in the CORI database permanently The. law does not affect the scope of the information available to employers. that are required by law to conduct criminal background searches on job. applicants, Criminal justice agencies will continue to have virtually unlimited access. to CORI including sealed records In addition others submitting a request. for CORI to the DCJIS will continue to have access to CORI to the extent. authorized by law These include individuals and agencies required by. statute to have access to CORI e g employers that provide services to. vulnerable communities such as care or services to children elderly or. disabled individuals and those who request CORI for the purpose of. evaluating current and prospective employees including full time part. time contract interns or volunteers, Most employers must provide an applicant with a copy of the applicant s. criminal record before questioning the applicant about the record or. before making an adverse decision based on the record. Unless otherwise required by law or court order an employer must. discard CORI obtained from the Department no later than 7 years from. an individual s last date of employment or volunteer service or from the. date of the final decision regarding the individual whichever occurs later. Most employers are required to limit and monitor the dissemination of. CORI which may only be shared with employees who need to know. the information and to maintain a secondary dissemination log that. details when and to whom the CORI information was given beyond the. requesting organization, Most employers will be protected from failure to hire claims based on. erroneous information on a candidate s CORI and from negligent hiring. claims if the employer relies on CORI when making its decision. Employers who annually conduct 5 or more criminal background. investigations will be required to maintain a written policy that provides. that in addition to any obligations required by the Commissioner by. regulation the employer will 1 notify the applicant of the potential of. an adverse decision based on criminal offender record information 2. provide a copy of the criminal offender record information and the policy. to the applicant and 3 provide information concerning the process for. correcting a criminal record The model CORI policy is available from the. AIM on line resource center, The CORI reform law creates many additional questions for employers. regarding the hiring process AIM will continue to monitor and communicate. regarding legislative and regulatory developments AIM members are. encouraged to call the HR Hotline with questions related to criminal. background checks, AIM Note Employers are advised to consult legal counsel to determine. if they are legally obligated to conduct CORI checks CORI only covers. Massachusetts criminal records An employer seeking criminal background. information from other jurisdictions will need to use other background. checking services to conduct a broader search AIM provides reference. and background checking services We also conduct workplace incident. investigations Contact us for more information kchoi aimnet org. Employment Applications, For more detailed information please refer to AIM s Employment Applications. Interviews and Data Security Laws Reference Guides. The following are mandatory on a Massachusetts employment application. 1 No Pre employment Medical Inquiries Any question designed to. ascertain the current or past health status of an applicant is illegal Omit. any reference to disabilities or impairments excessive absences due to. illness prior workers compensation claims injuries etc It is permitted. to ask about disabilities as part of a voluntary affirmative action. data collecting section of the form that is not seen by the person. conducting the interview s, 2 Lie Detector Language All employment application forms in. Massachusetts must contain the following specific language regarding. the use of lie detector tests before or during employment. It is unlawful in Massachusetts to require or administer a lie detector. test as a condition of employment or continued employment An. employer who violates this law shall be subject to criminal penalties. and civil liability, 3 Verifiable Volunteer Work When employers ask for employment. history they must include language that invites applicants to list any. verifiable volunteer work but explains that the applicant need not. include organizational names that would indicate possible membership. in a protected class such as race color religion sex or national origin. 4 Genetic Discrimination A Massachusetts employment application. requires a statement to the effect that Massachusetts General Laws. c 151B prohibits employers from 1 terminating or refusing to hire. individuals on the basis of genetic information 2 requesting genetic. information concerning employees applicants or their family members. 3 attempting to induce individuals to undergo genetic tests or otherwise. disclose genetic information 4 using genetic information in any way. that affects the terms and conditions of an individual s employment or. 5 seeking receiving or maintaining genetic information for any non. medical purpose, 5 No Criminal Record Inquiries CORI It is illegal for an employer to. ask about a job applicant s criminal history on a job application The. law prohibits employers from asking questions on an initial written. application form about an applicant s criminal offender record. information which includes information about criminal charges. arrests convictions and incarceration Employers therefore are urged to. remove all inquiries concerning criminal history from their employment. applications The only exceptions expressly provided in the CORI reform. law are for 1 positions for which a federal or state law or regulation. disqualifies an applicant based on a conviction or 2 employers who. are subject to an obligation under a federal or state law regulation or. accreditation not to employ persons who have been convicted Under. the law questions may be asked about criminal history later in the. employee selection process The Massachusetts Commission Against. Discrimination MCAD takes the position that the first time an employer. can ask an applicant about his or her criminal history is during or after. an in person or telephone interview, Note An employer may not legally take action against an applicant or. employee for answering an unlawful question untruthfully On the other. hand if an applicant answers an illegal question truthfully any adverse. action taken based on the answer may be grounds for a discrimination. claim against the employer, Employers should also consider the following with respect to employment. applications, 1 Social Security Numbers In light of the Massachusetts Data Security. Law AIM recommends that employers do not require or request an. applicant s social security number on an employment application. Under the Massachusetts Data Security Law these numbers when. combined with the individual s last name plus either first name or. first initial are considered to be personal information and any. breach of security must be reported to the affected individual s. and potentially to the state government This is true for both paper. and electronic information Completed employment applications. are often made available to employees outside the human resource. function and might even be copied making security very difficult to. manage If these numbers are needed for a background check for. example they can be requested separately and made available on. a need to know basis Social Security numbers are generally not. required until an individual is actually hired and should be requested. as part of the onboarding process, 2 Company EEO Statement Including an Equal Employment. Opportunity EEO statement on an employment application is. optional If an employer chooses to do so however the statement must. include sexual orientation and should be similar to the following. Our company is committed to a policy of nondiscrimination. and equal opportunity for all employees and qualified applicants. without regard to race color religious creed protected genetic. information national origin ancestry sex age disability veteran s. status or sexual orientation,Independent Contractors. For more detailed information please refer to AIM s Reference Guide to. Classification of Employees, Massachusetts law very narrowly defines who may be classified as an. independent contractor For an employer to demonstrate that someone is an. independent contractor under Massachusetts law the employer must be able. to show that the worker meets all three of the following tests. 1 The individual is free from control and direction in connection with the. performance of the service both under his contract for the performance of. service and in fact and, 2 The service is performed outside the usual course of the business of the. employer and, 3 The individual is customarily engaged in an independently established. trade occupation profession or business of the same nature as that. involved in the service performed, Failure to meet any one of the three tests means the person is an employee. Pursuant to this law the Attorney General published an Advisory on the. Independent Contractor law in 2008 that is available on its office Web site. at www mass gov ago docs workplace independent contractor advisory pdf. The Advisory discusses the law in detail and describes the imposition of civil. and criminal penalties for violations of the law, For purposes of unemployment compensation laws the test for independent. contractors is very similar to the test above except that the second element. may be satisfied if the worker performs service outside the usual course of. business OR outside the physical premises of the employer. The IRS the U S Department of Labor and the Massachusetts Department. of Revenue use different tests to determine independent contractor status. The Massachusetts three factor test above however is the most restrictive. definition and should be followed by Massachusetts employers. Job Descriptions, Please see AIM s Reference Guide to Job Descriptions for more detailed. information or call AIM if you would like additional information on or. assistance with writing or reviewing job descriptions. While there is no legal requirement that an employer have formal job. descriptions there are many benefits to having well defined duties. responsibilities and skill education requirements The job description is. essential when sending an applicant for a post offer pre employment medical. examination to determine if an employee is fit for duty following an injury. or illness or to determine how to accommodate a disabled individual under. the Americans with Disabilities Act Job descriptions also facilitate the. proper classification of positions as exempt or nonexempt under the Fair. Labor Standards Act They are also very useful in the employee selection. process and in managing employee performance Job descriptions must also. be carefully drafted in order to avoid weakening the at will status of the. employment relationship,Non Compete Agreements, A non compete agreement is typically a document or a clause included. within another employment document designed to protect an employer s. commercial goodwill and or its confidential proprietary information Such. information can include customer lists and other sensitive confidential. business information An employer may require some or all employees to. sign a non compete agreement to prevent them from competing directly. with the employer at another company or establishing their own competing. business To be enforceable such an agreement must be reasonable in the. geographical area covered and in its duration A non compete agreement. may be signed at the time of hire during the period of an employee s. employment or at the time of separation, Depending on the circumstances surrounding the signing of the non. compete agreement it may be difficult to enforce in Massachusetts courts. and employers should consider drafting them as narrowly as possible or. using non disclosure or non piracy agreements Any employer considering. requiring a non compete should contact its legal counsel for assistance in. preparing the document,Non Disclosure Agreements, Non disclosure agreements require employees not to reveal any confidential. information such as trade secrets or inventions after they leave the. company The non disclosure agreement should specifically discuss the. types of information the employee is to be exposed to and is prohibited from. disclosing A non disclosure agreement typically does not cover information. that could easily be obtained from other sources or that becomes public. knowledge Under Cintas Corp v NLRB 2007 it is considered suspect. when an employer attempts to prohibit employees from disclosing wage and. benefit information See the National Labor Relations Act NLRA section. below for a more detailed discussion on the impact of the National Labor. Relations Board NLRB in limiting employee conversations on terms and. conditions of employment Although Cintas specifically addressed such. provisions within an employee handbook such a provision in a nondisclosure. agreement would also violate public policy in that it would chill employees. rights to communicate with each other and or a union regarding terms and. conditions of employment, Because non disclosure agreements do not seek to prevent former employees. from working they are often more easily enforced in the courts than non. compete agreements Any employer considering requiring a non disclosure. agreement should contact its legal counsel for assistance in preparing the. Non Piracy Agreements, A non piracy or anti piracy agreement is similar to a non compete and non. disclosure agreement It prevents former employees from soliciting former. customers and clients to leave the former employer and patronize the former. employee in his or her new position It can also seek to prevent former. employees from soliciting their former colleagues at the old employer to. leave and join the former employee at his or her new employer or business. These agreements must also be reasonable in the geographical area covered. and in their duration and will typically be enforced only for customers with. whom the former employee actually had a relationship Courts are sensitive. to protecting a customer s choice of vendor so the free choice of a customer. to leave and join with a former employee without actual solicitation cannot. generally be prevented As with all such clauses employers should draft. these as narrowly as possible to increase the likelihood of enforcement while. protecting their important client and employee relationships. Any employer considering requiring a non piracy agreement should contact. its legal counsel for assistance in preparing the document. Pre Employment Physicals and Medical Inquiries, An employer may legally inquire about an applicant s present or past health. only after a bona fide offer of employment If a company requires or requests. a physical examination following the offer of employment and designates the. physician for prospective employees or for current employees the company. must pay for the examination M G L c 149 159B, If a company requires a physical examination of an employee the employer. must pay for the employee s time spent obtaining the physical Additionally. a copy of the examination must be furnished to that individual upon request. M G L c 149 19A,Retention of Applications, For more information please refer to AIM s Personnel Records and Federal. State Recordkeeping Requirements or the Affirmative Action Obligations. Reference Guides, In order to defend against a Title VII discrimination charge or an age. discrimination charge under the Age Discrimination in Employment Act. ADEA applications must be retained for one year In addition under Title. VII application forms for persons applying for apprenticeship programs must. be kept for two years, For employers that must have an Affirmative Action Plan AAP applications. should be kept for the current and past AAP years The employer subject. to the AAP is responsible for designating an AAP year Examples of AAP. years include calendar year fiscal year or year beginning with the date of the. commencement of coverage Employers subject to an AAP for the first time. need only retain applications for that year and going forward. It is recommended that an employer not keep applications any longer than. required to do so by law,II DISCRIMINATION IN EMPLOYMENT. Anti Discrimination, The federal Civil Rights Act of 1964 includes Title VII which prohibits all. forms of discrimination based on race color sex religion and national. origin in all phases of the employment relationship The federal law. covers all employers of 15 or more employees and is enforced by the. Equal Employment Opportunity Commission EEOC Massachusetts anti. discrimination law covers employers of six or more and includes all of the. protected classes under federal civil rights law as well as ancestry age. genetic information disability marital status military service gender identity. and sexual orientation M G L c 4 The Massachusetts Commission Against. Discrimination MCAD enforces the Massachusetts anti discrimination laws. The Massachusetts Appeals Court has agreed with the MCAD position. that an individual may be held personally liable for certain discriminatory. actions under the state s anti discrimination laws An individual alleging. discrimination must file a complaint with the MCAD or the EEOC within 300. days of the alleged occurrence, In 2008 the Massachusetts Supreme Judicial Court held that employees may. sue employers of less than 6 employees for employment discrimination under. the Massachusetts Equal Rights Act MERA The Supreme Judicial Court. ruled that although Chapter 151B excludes small employers of 5 or fewer. from its coverage the Legislature intended to create an alternative avenue. for relief under MERA, Massachusetts and federal anti discrimination law include frequently used. key terms that Human Resource professionals should be aware of They. include bona fide occupational qualification disparate impact and disparate. treatment These terms are briefly discussed below, Bona Fide Occupational Qualification BFOQ a qualification for a. position that is discriminatory but is permissible provided the employer. can demonstrate that the qualification is reasonably necessary to the. normal operation of the business An example would be discriminating on. the basis of sex when the job requires the employee to bathe patients The. employer bears the burden of proof to show that the BFOQ is a business. Disparate Impact exists when an employer has an apparently neutral. policy that has an adverse impact on a member or members of a legally. protected class The burden of proof is on the employee but if the. employee proves disparate impact the employer may be able to defend. itself by showing the policy is a BFOQ, Disparate Treatment exists when an employer intentionally treats a. member of a protected class less favorably than other employees in terms. of employment The burden is on the employee to prove the disparate. In order to help employers understand their responsibilities in responding to. a discrimination claim it is helpful to be familiar with the McDonnell Douglas. burden shifting test,Burden of Proof, In employment discrimination cases the plaintiff employee must prove that. he or she is the victim of unlawful discrimination Since most cases do not. involve direct evidence of discrimination and to help bring the full story to. light the U S Supreme Court established the three step burden shifting test. to govern an employee s discrimination allegation The three steps are. 1 Plaintiff has to state a very simple case one that does not require direct. 2 Defendant employer must provide a legitimate reason for the challenged. employment decision, 3 Plaintiff must prove that the reason offered by the defendant in step two. is a pretext for discrimination, The legal process at the Massachusetts Commission Against Discrimination. MCAD illustrates the burden shifting test An employee or former employee. files a formal written complaint alleging one or more types of discrimination. The complaint is then sent to the employer who outlines its response to the. complaint The MCAD then convenes a meeting to gather further information. about the complaint, Based on the results of that process the MCAD issues either a Probable. Cause PC or Lack of Probable Cause LOPC finding A PC determination. means the case moves forward in the MCAD process An LOPC determination. means that pending the outcome of an appeal the claim is dismissed and. closed as far as MCAD is concerned According to the MCAD 2012 Annual. Report the MCAD found LOPC on 74 of the claims it considered. Same Sex Marriage, For more detailed information please refer to AIM s Human Resource Issues. Regarding Same Sex Marriage in Massachusetts Reference Guide. In November of 2003 the Massachusetts Supreme Judicial Court ruled. that under Massachusetts law the phrases spouse and marriage must. include same sex couples The decision took effect on May 17 2004 The. ruling extended the coverage of Massachusetts based employment laws. benefits to same sex couples including Mini COBRA the Small Necessities. Leave Act SNLA the Massachusetts Maternity Leave Act MMLA and the. Massachusetts state tax code, The Defense of Marriage Act DOMA the federal law passed in 1996 to deny. legal rights to same sex couples regarding federal laws was struck down by. the U S Supreme Court in June 2013 As a result of the decision federal law. now recognizes that married same sex couples must be treated the same. as opposite sex married couples regarding all federal laws including FMLA. COBRA and the U S tax code As of the publication of this guide the federal. government is in the process of updating statutes and regulations to conform. to the court s ruling,Age Discrimination, The federal Age Discrimination in Employment Act ADEA prohibits an. employer from discriminating based on age against an employee 40 years. old or older in any employment actions Massachusetts anti discrimination. law also prohibits discrimination on the basis of age beginning at age 40 In. 2003 the Supreme Judicial Court of Massachusetts held that a case alleging. age discrimination must be based on a substantial difference in age which. it defined as no less than five years unless there is other evidence to prove. discriminatory intent by the employer, In general forcing employees to retire is prohibited There are however. exemptions for bona fide high level executives and bona fide seniority or. benefit plans M G L c 149 24A K c 151B There is no upper age limit on. this protected class,Armed Services, Massachusetts law prohibits employment discrimination against members. of the armed services The law specifically bans employers from denying. employment re employment and retention of employment promotion or. any benefit of employment to any person because of their membership in. the armed services or obligations to any military service The law covers. discrimination against any person who applies to perform military service. as well The law does not impose any greater compliance burdens than the.