Discrimination Laws & Definitions
The following is provided as a general outline of state and federal Anti-discrimination Laws; it does not constitute legal advice or the legal position of the university:
Civil Rights Act of 1964 (Title VII) prohibits discrimination in employment on the basis of race, sex, religion, color, or national origin.
Age Discrimination in Employment Act (ADEA) of 1967, amended in 1978 and 1986, states that it is unlawful to discriminate in employment against persons aged 40 and over on the basis of age.
Americans with Disabilities Act of 1990 (ADA) and Rehabilitation Act of 1973 prohibit discrimination in employment
and education against qualified individuals with mental or physical disabilities.
Massachusetts Anti-Discrimination Law prohibits discrimination in employment on the basis of race, sex, religion, age, color, national origin, sexual orientation, reserve status, and disability.
Types of discrimination:
Race - Non-Whites, including African American, Hispanic, Asian, and Native American individuals, are often collectively referred to as people of color or minorities. However, the law prohibits discrimination against any racial group, including Whites.
Color - The law refers specifically to skin color because a shade of skin color may be perceived as being more or less preferable.
Religion - This term refers not only to "traditional" religious beliefs but also to any set of personal beliefs that are "sincere" and "consistently held." Situations involving religion may often relate to work schedule or dress.
Sex (Gender) - Sex discrimination may result when co-worker or management behaviors and decisions affecting hiring or terms and conditions of employment are influenced by attitudes about a person's gender.
National Origin - It is unlawful to discriminate against individuals because they were born in a particular country, or any country other than the U.S.
Age - All persons over 40 years of age are protected from job discrimination on the basis of their age.
Disability - A disability is any physical or mental impairment that substantially limits one or more major life activities. Major life activities are defined as walking, talking, caring for oneself, breathing, speaking, etc. Disabilities may be "visible," such as use of a wheelchair or cane, or "hidden," such as a heart condition, mental illness, seizure disorder, or HIV-related condition. Qualified disabled individuals are protected.
Retaliation - An individual who has engaged in a protected activity is protected against retaliation. A protected activity consists of the following: 1) opposing a practice made unlawful by one of the employment discrimination statutes; or 2) filing a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under the applicable statute.
Sexual Orientation - The term "sexual orientation" means having an orientation for or being identified as having an orientation for heterosexuality, bisexuality, or homosexuality.
Sexual Harassment - Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of sexual nature constitute sexual harassment when: 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic work; 2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or 3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working or academic environment.
Vietnam Era Veteran - A person who (1) Served on active duty for a period of more than 180 days, and was discharged or released therefrom with other than a dishonorable discharge, if any part of such active duty occurred: (i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or (ii) Between August 5, 1964, and May 7, 1975, in all other cases; or (2) Was discharged or released from active duty for a service-connected disability if any part of such active duty was performed: (i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or (ii) Between August 5, 1964, and May 7, 1975, in all other cases.
Special Disabled Veteran - a (1) veteran of the U.S. military ground, naval or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Department of Veterans' Affairs for a disability (A) rated at 30 percent or more, or (B) rated at 10 or 20 percent in the case of a veteran who has been determined under Section 38 U.S.C. 3106 to have a serious employment handicap or (ii) a person who was discharged or released from active duty because of a service-connected disability.
Newly Separated Veteran - any veteran who served on active duty in the U.S. military, ground, naval or air service during the one-year period beginning on the date of such veteran's discharge or release from active duty.
Other Protected Veteran - Any other veteran who served on active duty in the U.S. military, ground, naval, or air service during a war or in a campaign or expedition for which a campaign badge has been authorized, other than a special disabled veteran, veteran of the Vietnam era, or recently separated veteran.
