Arbitration

Massachusetts has strong protections against employment discrimination. It is against the law for employers to discriminate against employees based on “race, color, religious creed, national origin, sex, gender identity, sexual orientation . . . genetic information or ancestry.” This language is taken from Massachusetts General Laws, chapter 151B, section 4, the Commonwealth’s main anti-discrimination law. All claims asserted under 151B must initially be filed with the Massachusetts Commission Against Discrimination (MCAD) for review.

While the 151B process appears straightforward, a wrinkle arose regarding “arbitration clauses” found in many employment agreements. Arbitration clauses usually state that any disputes arising from the employment relationship must be resolved through arbitration, which is a form of private dispute resolution, rather than through the courts or administrative [Read More…]