['Discrimination']
['Age Discrimination']
06/11/2024
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Summary of differences between federal and state regulations
Employer defined
The state law covers employers of six or more employees.
“Employer” does not include a club exclusively social, or a fraternal association or corporation, if not organized for private profit, nor does it include any employer with fewer than six persons in his employ, but does include the commonwealth and all political subdivisions, boards, departments and commissions.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Age Discrimination in Employment Act. For example, the state law includes an exemption for a bona fide occupational qualification.
A religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, and which limits membership, enrollment, admission, or participation to members of that religion, may give preference in hiring or employment to members of the same religion or take any action with respect to matters of employment, discipline, faith, internal organization, or ecclesiastical rule, custom, or law which are calculated to promote the religious principles for which it is established or maintained.
Recordkeeping
Every person must keep true and accurate records of the ages of all persons employed by him, as far as practicable to do so, and upon demand furnish to the Commissioner or his authorized representative a true copy of any such record, verified upon oath.
Posting
Every employer or covered entity must post in a conspicuous place or places on his premises a notice prepared or approved by the Commission, which sets forth excerpts the law and other relevant information necessary to explain the law.
State
Contact
Massachusetts Commission Against Discrimination
Regulations
Mass. General Laws Chapter 151B, Unlawful Discrimination Because of Race, Color, Religious Creed, National Origin, Ancestry, or Sex
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151b
Mass. General Laws Chapter 149, Section 24D, Records of ages of employees; copy furnished to commissioner; violation of statute
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section24d
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1625, Age Discrimination in Employment Act
29 CFR 1626, Procedures — Age Discrimination in Employment Act
29 CFR 1627, Records to be Made or Kept Relating to Age: Notices to be Posted: Administrative Exemptions
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