According to Massachusetts law, the word retaliation is defined as; an employer who takes and acts negatively against an employee as a result of the employee performing some form of protected activity. Retaliation is a separate allegation of discrimination, can be found in Massachusetts General Laws in Chapter 151B. The word retaliation is not actually used in the law, but courts most often use the word as an abbreviation for the word anti-discrimination statutes. Anti-retaliation laws provide for accountability to individuals, not just employers.
Under Massachusetts Law 151B, there are two different subsections that prohibit unlawful retaliation and they are §4 (4) and §4 (4A). Paragraph 4 (4); "to dismiss, exclude or otherwise discriminate against any person, employer organization, or employment agency for objecting to any practice prohibited in this chapter or for making a complaint, testifying, assisting in any the procedure under section five of MGL 151B §4 (4). "MGL 151B §4 (4A) states that; "for any person to coerce, intimidate, threaten or interfere with another person in the exercise or enjoyment of any right granted or protected by this chapter, or to coerce, intimidate, threaten or obstruct such other person for aiding or abetting any other person in exercising or the enjoyment of any such right. "
Section 8.30 of Mass Practice states that in order to establish a retaliation case, the plaintiff must show that he participated in lawfully protected behavior and suffered harmful work measures, and that there was a causal link between legally protected behavior and adverse employment. In order for one to succeed in claiming a relationship, they must show the following;
- The plaintiff must prove that he reasonably and in good faith believed that his employer was engaging in unfair discrimination.
- That he had reacted reasonably in response to this belief
- That the employer wanted revenge was his decisive factor in adverse actions.
For a plaintiff to prove the first case of their retaliation, they must show that they participated in an act protected under Chapter 151B, Section 4 (4), and those who oppose any practice prohibited in MGL c. 151B and those who file complaints or assist in any proceedings before the MCAD (Massachusetts Commission Against Discrimination) are known as "opposition" and "participation" clauses.
Applying the opposition clause and it can be shown to be ticklish as the employee must claim that retaliatory behavior was due to the employee's opposition to actions prohibited by MGL c. 151B.
The participation clause applies to the MCAD procedure and c.151B does not cover participation in internal discrimination investigations unless participation constitutes a protected opposition, such as aiding or abetting another employee in the pursuit of that employee. rights.