Retaliation

In Massachusetts, employees are protected from retaliation under various state and federal laws. Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity.

Below are key rights employees have regarding retaliation, including protections under various statutes:

• Report Discrimination or Harassment: Employees who report discrimination or harassment based on race, gender, age, disability, sexual orientation, or other protected characteristics are protected from retaliation. Employers cannot punish or retaliate against employees who file complaints with the Equal Employment Opportunity Commission (EEOC), the Massachusetts Commission Against Discrimination (MCAD), or through internal reporting channels.
• File a Wage Claim or Overtime Complaint: Employees who file a wage or overtime claim under the Massachusetts Wage Act or the Fair Labor Standards Act (FLSA) are protected from retaliation. Employers are prohibited from firing or punishing employees for asserting their right to fair pay.
• Report Unsafe Working Conditions: Employees who report unsafe or hazardous working conditions to OSHA (Occupational Safety and Health Administration) or other regulatory bodies are protected from retaliation. It is illegal for employers to retaliate against employees for voicing concerns about workplace safety.
• Engage in Whistleblower Activities: Employees who report illegal activities in the workplace (such as fraud, environmental violations, or corporate misconduct) are entitled to protection from retaliation. Whistleblower protections extend to reporting crimes, violations of laws, or unethical conduct.
• Family and Medical Leave: Under the Family and Medical Leave Act (FMLA) and Massachusetts’ own Family and Medical Leave law, employees have the right to take protected leave for medical or family reasons without fear of retaliation. Employers cannot fire, demote, or take other adverse actions against an employee for taking legally protected leave.
• Labor Union Activities: Employees who engage in union activities, such as organizing, negotiating, or filing grievances, are protected from retaliation. It is illegal for employers to take negative action against employees for exercising their rights under labor laws.
• Protected Complaints and Legal Action: Employees who file complaints related to wage disputes, workplace harassment, or any violation of their rights are legally protected from retaliation. Taking legal action against an employer should not result in discrimination, harassment, or any negative job consequence.

Additional Whistleblower Protections
Massachusetts law provides specific statutory protections for certain categories of whistleblowers. The Massachusetts State Employee’s Whistleblower Act protects public employees who disclose violations of law, gross mismanagement, or threats to public health or safety. The Massachusetts Medical Provider’s Whistleblower Act similarly protects healthcare professionals who report unsafe patient care practices or legal violations within medical settings. These statutes supplement the broader anti-retaliation protections described above and provide additional avenues for relief where applicable.