Discrimination and Harassment Claims

Main office: Marblehead, MA • Representing employees in Massachusetts and New Hampshire

Critical Deadline for MA Discrimination & Harassment Claims

Massachusetts discrimination and harassment claims must be filed with the MCAD within 300 days of the discriminatory act. New Hampshire claims must be filed with the NHCHR within 180 days. Missing either deadline can permanently eliminate your right to bring a claim, regardless of how strong the underlying facts are. Call Whitney Law Group the same day the discriminatory act occurs.

Discrimination and Harassment - What We Handle

Whitney Law Group has extensive experience representing employees in workplace discrimination and harassment claims before state and federal agencies and in court. We handle claims based on the following protected categories:

Age – employees 40 and older are protected by Massachusetts Chapter 151B and the federal ADEA
Disability / handicap – including failure to provide reasonable accommodation and “regarded as” disability claims under the ADA and Chapter 151B
Gender / sex – including unequal pay, hostile work environment, and adverse employment actions based on gender
Pregnancy – including adverse actions connected to pregnancy, childbirth, and the Massachusetts Pregnant Workers Fairness Act
Sexual orientation – fully protected under Chapter 151B and federal law
Gender identity – fully protected under Chapter 151B and federal law
Race and color – including hostile work environment, disparate treatment in discipline or promotion, and discriminatory termination
National origin – including discriminatory treatment based on birthplace, ancestry, or accent
Religion – including failure to provide reasonable religious accommodation
Military service or leave – including USERRA protections for veterans and reservists
Leaves of absence – including FMLA leave, disability accommodation leaves, and pregnancy or medical leaves
Sexual harassment – quid pro quo and hostile work environment claims
Harassment based on any other protected category

The Agency Process - MCAD and NHCHR

Before filing a discrimination lawsuit in state court, Massachusetts and New Hampshire employees must exhaust administrative remedies – meaning a complaint must first be filed with the MCAD (Massachusetts) or the NHCHR (New Hampshire). The process in both agencies includes investigation, potential mediation or fact-finding, and the possibility of a public hearing if the agency finds probable cause.

Whitney Law Group advises clients on whether agency investigation, agency public hearing, or requesting a release of jurisdiction and going directly to court is the best path given their specific facts and goals. The firm handles the full process from initial charge preparation through litigation when necessary.

Agencies we file with

MCAD (Massachusetts Commission Against Discrimination), NHCHR (NH Commission for Human Rights), EEOC (Equal Employment Opportunity Commission).

Courts we litigate in

Massachusetts Superior Court, Essex Superior Court, Suffolk Superior Court, U.S. District Court for the District of Massachusetts, U.S. District Court for the District of New Hampshire.

Frequently Asked Questions - Discrimination & Harassment

Q: My employer says I was terminated for performance, not discrimination. How do I prove otherwise?

Proving discrimination almost always requires circumstantial evidence, employers rarely state discriminatory intent explicitly. Evidence of pretext includes: the timing of the termination relative to a protected event (age milestone, disability disclosure, pregnancy announcement); inconsistent application of performance standards; the fact that similarly situated employees outside your protected class were treated differently; performance reviews that contradict the stated reason; and statements by decision-makers that reflect bias. Whitney Law Group evaluates the full factual record and identifies the strongest arguments before any claim is filed.

Q: I was harassed by a coworker, not a supervisor. Does my employer still have liability?

Yes, under certain circumstances. Employer liability for coworker harassment under Massachusetts Chapter 151B and federal law is assessed based on whether the employer knew or should have known about the harassment and failed to take prompt, effective remedial action. If you reported the harassment to HR or a supervisor and the employer did nothing, or did something inadequate, the employer may be liable. Whitney Law Group advises employees on how to document harassment, when and how to report it internally, and how to preserve claims against both the harasser and the employer.

Q: Can I be retaliated against for filing a discrimination complaint?

No, retaliation for filing or supporting a discrimination complaint is independently unlawful under Chapter 151B, NH RSA 354-A, Title VII, the ADA, and the ADEA. If you experience adverse treatment after filing an internal complaint, an MCAD charge, or an EEOC charge, that retaliation may be a separate and stronger claim. The same filing deadlines apply to retaliation claims. Call Whitney Law Group the day any adverse action occurs after you engage in protected activity.

Schedule a consulation in Marblehead, MA

Serving Marblehead, MA and the North Shore

Whitney Law Group’s main office is at 11 State Street in Marblehead, MA, the firm’s home since its founding in 2017. We serve clients throughout Essex County and the North Shore, including Swampscott, Salem, Beverly, Peabody, Danvers, Gloucester, Newburyport, and Marblehead. Virtual consultations available statewide.