Gender Discrimination Attorneys in Boston

Davis & Davis, P.C. Can Represent You in Litigation or ADR

Davis & Davis, P.C. handles gender discrimination claims for both employees and employers. The firm is very experienced practicing before the Massachusetts Commission Against Discrimination and the Massachusetts state courts, as well as alternative dispute resolution forums. We are always ready to consult with employees or employers facing a gender discrimination lawsuit.

State & Federal Laws Regarding Gender Discrimination

Today there are few employers who overtly distinguish between employees on the basis of gender. Most cases of gender discrimination must be proven using circumstantial evidence, to indirectly demonstrate the intentions of the employer or the effects of the employer’s policies. Gender discrimination may appear in the workplace through sexual stereotyping, the implementation of dress codes or grooming codes, or “sex-plus” policies.

“Sex-plus” discrimination is the practice of making decisions based on differences between employees within the same gender because of an additional “plus” characteristic. Examples include discriminatory practices affecting members of a gender on the basis of pregnancy, marital status, parenthood, appearance, or other characteristics.

State law and federal law both prohibit gender discrimination, as outlined in:

• The Massachusetts Fair Employment Practices Act, contained in the Massachusetts General Laws. This act makes it illegal to discriminate on the basis of sex in the hiring, firing, compensation, or other terms or conditions of employment. G.L. c. 151B, §4(1).
• Title VII of the Civil Rights Act of 1964, which is similar to Massachusetts law. 42 U.S.C. § 2000e.

Massachusetts and the federal government have also enacted equal pay acts that offer protection in addition to the laws prohibiting gender discrimination generally. 29 U.S.C. §§ 206(d), 216; G.L. c. 149, §105A. Each of these laws has different requirements that a plaintiff must meet to establish a valid claim, but they share a common purpose.