|
||||||||
|
||||||||
| Practicing in Massachusetts • New Hampshire • Federal Courts Since 1952 |
||||||||
 |
 |
|||||||
| Home |
| Meet The Lawyers |
| Directions |
| Discrimination Law |
| Criminal Law |
| Divorce/Custody Law |
| Personal Injury Law |
| Civil Litigation |
| Real Estate |
| Probate/Estate Planning |
| Articles |
| Contact Us |
|
|||||
| Table of Contents | |||||
|
|||||
| What is Discrimination? Put simply, Discrimination occurs when a person is treated differently than another person who is similarly situated primarily because that first person is a member of a "protected class". (See below). How many kinds of Discrimination are there? There are many different types of Discrimination. Legally actionable Discrimination is identified when the prohibited behavior is directed against people of statutorily protected classes. The Discrimination Statutes, (State and Federal), identify persons entitled to protection under the statutes. For example, these classes include, but are not limited to nationality, race, religion, gender, (in the state statutes, not in the Federal Statute), age, disability, and sexual orientation. If you are a member of any of these protected classes in Massachusetts or in New Hampshipre, the law prohibits discriminatory actions against you. If you believe that you have been treated unfairly or disparately because you fall under any of these categories, you may be the victim of Discrimination. Discrimination comes in many different forms, including sexual harassment, refusing to promote you in your job even though you are qualified, refusing to rent you an apartment, and retaliating against you for asserting a legal right. Should I consider Litigation for my situation? If you feel you have been discriminated against, and have not been able to resolve the issue without formalizing the complaint, then you may want to consider iniating litigation. A phone call to Kazarosian Law Offices may help you make your decision, but, ultimately, you have to decide. Our job is to help you make the right decision. When must I start a Discrimination action? Generally speaking again, in Massachusetts an action must be commenced within 300 days of the time that a person realized a particular action against him constituted Discrimination. In New Hampshire, the time frame is even shorter, at six months. This is governed by each state's Statute of Limitations. There are two types of Discrimination recognized in Massachusetts: serial and systemic. Depending upon the type of Discrimination that is being experienced, the Statute of Limitation may not necessarily be counted from the time that the discrimination was discovered, but from the time of the last recognized act of Discrimination. This is not a simple issue and its nuances were specifically litigated in the matter of Borne et al v. Haverhill Golf and Country Club, a gender discrimination matter tried to a successful conclusion in the Suffolk Superior Court by Attorneys Marsha V. Kazarosian and Janet Dutcher of Kazarosian Law Offices, in 1999. Since the Statute of Limitations in a Discrimination case is so short, it is imperative to report possible Discrimination immediately to the MCAD, NH Commission for Human Rights, or the EEOC. Who can be held responsible for Discrimination against me? Your employer, your supervisor, or your co-worker can be held responsible for Discriminating against you. A landlord or potential landlord can be held responsible for refusing to provide you certain accommodations, or for refusing to rent you an apartment. A restaurant, bar, or hotel; owner or worker can also be held liable for discrimination if they treat you unfairly due solely because of you are a member of a protected class. In Massachusetts, for example, a seemingly private country club may also be held responsible if it meets the criteria of the Public Accommodations Statute, Massachusetts General Laws Chapter 272, Section 98. If you believe that you have been treated differently solely due to your disability, gender, sexual orientation, or any of the classes protected by the Statute described above, you may be the victim of illegal Discrimination. Where should I go to file a lawsuit? In general, if you believe that you have been Discriminated against in Massachusetts, you must first bring your action administratively at the Massachusetts Commission Against Discrimination, (MCAD). Depending upon the nature of your case, you may also have the ability to start your action at the Equal Employment Opportunity Commission (EEOC) in Washington, D.C. The main offices for the MCAD are at One Ashburton Place, Room 601, Boston, MA 02108, telephone number (617) 727-3990. For Central Massachusetts, the address of the MCAD is 22 Front Street, 5th Floor, P.O. Box 8038, Worcester, 01641, telephone number (508) 799-8010. For Western Massachusetts, the MCAD address is 436 Dwight Street, Suite 220, Springfield, 01103, telephone number (413) 739-2145. The Massachusetts Statute protecting against Discrimination, Massachusetts General Laws Chapter 151B, requires that any action for discrimination be started at the administrative level prior to commencng an action in a court of law. For an action in New Hampshire, you must start your action either at the EEOC, as set forth above, or at the NH Commission for Human Rights at 2 Chenell Dr., Concord, NH 03301. The telephone number for the Commission is (603) 271-2767. You can also email them at humanrights@nhsa.state.nh.us. The applicable statute in New Hampshire is RSA sec. 354-A:2. Why can't I represent myself? You can. There is no requirement that you have an attorney at any time in a discrimination suit. You always have the absolute right to represent yourself. However, since Discrimination cases are cases which involve Civil Rights Violations, the Statutes provide that a successful Plaintiff may be awarded his or her reasonable attorneys fees and costs incurred in litigating the action. In any event, no one other than a lawyer may represent you in a court of law. But, remember the old adage that goes something like this: "The person who represents him/herself has a fool for a client" |
|||||
 |
2008 Kazarosian Law Offices, Haverhill, MA Web Services Provided by Tech-N-Go - Greenland, NH |
 |
 |
 |