(Last Updated On: August 13, 2025)
Discrimination on the basis of sex or gender is unlawful in Massachusetts workplaces under both state law and federal law. Under state law, the Massachusetts Anti-Discrimination Laws prohibit this type of discrimination and are enforced by the Massachusetts Commission Against Discrimination (MCAD). Under federal law, Title VII of the Civil Rights Act of 1964 protects against discrimination on the basis of sex and gender, and this law is enforced by the US Equal Employment Opportunity Commission (EEOC). It is important for both employees and employers to know that sex and gender discrimination can take many different forms, and sometimes it can be difficult to identify. Yet even when sex or gender discrimination arises in a subtle way, it is not any less unlawful.
The following are some of the common forms of sex and gender discrimination that can happen in workplaces, which employees should take action against, and employers should take steps to prevent and address.
Sexual Harassment
Sexual harassment is an unlawful form of sex discrimination under both Massachusetts state law and Title VII of the Civil Rights Act of 1964. Sexual harassment can occur commonly in two different forms:
- Quid pro quo sexual harassment, where a supervisor requests or demands sexual favors from an employee in exchange for a benefit, is unfortunately common and is unlawful; and
- Hostile work environment sexual harassment, where a person in the workplace (a supervisor, co-worker, or even a client or customer) engaging in harassing behavior on the basis of sex that a reasonable person would find unwelcoming, hostile, or offensive.
Hostile work environment harassment can involve unwanted sexual language, touching, or behavior in the workplace. At the same time, it can also involve offensive remarks about a particular sex or gender, or offensive comments or actions directed as a particular employee on the basis of their actual or perceived sex or gender. For example, hostile work environment harassment on the basis of sex may involve a co-worker repeatedly making sexual comments to another co-worker or attempting to touch another co-worker in a sexual manner. At the same time, it can involve one person in the workplace making offensive comments about how women perform work tasks, or about transgender employees.
Pregnancy Discrimination
Pregnancy discrimination is another form of sex discrimination. It is unlawful under the federal Pregnancy Discrimination Act of 1978 (PDA) which amended Title VII and its section on sex discrimination, and it is also unlawful under Massachusetts state law. The Massachusetts Pregnant Workers Fairness Act (PWFA) provides more protections against discrimination to employees on the basis of pregnancy and pregnancy-related conditions than federal law does.
Protections against pregnancy discrimination also include assumptions that employers might make on the basis of sex or gender stereotypes about pregnancy, such as assuming that a younger female job applicant will soon want to become pregnant or take pregnancy-related leave, which leads the employer to hire a different candidate instead. This type of behavior is unlawful under pregnancy discrimination laws.
Misgendering or Refusing to Use an Employee’s Chosen Name or Pronouns
Sd. Citing Massachusetts law, the Massachusetts Commission on LGBTQ Youth makes clear that government agencies in the state, as well as most private employers, are “prohibited from discrimination against employees or prospective employees on the basis of their gender identity.” The Commission cites Chapter 199 of the Acts of 2011, which defines gender identity as “a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth.” That language has been understood in Massachusetts to include protections for “the way in which a person presents their sense of gender to the world.”
When an employer intentionally misgenders a person who has requested the use of certain pronouns or refuses to use an employee’s pronouns or a chosen name, the employer may be liable under state law for a form of gender discrimination.
Contact a Massachusetts Employment Discrimination Attorney Representing Clients in Boston and Natick
Whether you are a job applicant or employee who has faced sex or gender discrimination, or you manage a business and want to ensure that you remain in compliance with state and federal laws that protect against sex and gender discrimination, it is important to seek legal advice. One of the experienced employment lawyers at our firm can speak with you and answer any questions you have. Contact Rodman Employment Law for more information about how we can assist you.
