Age Discrimination Laws in Massachusetts: Your Workplace Rights

The Age Discrimination in Employment Act (ADEA), enacted in 1967 and codified at 29 U.S.C. § 621 et seq., is the federal baseline for age discrimination protection. The ADEA applies to employers with 20 or more employees and protects workers age 40 and older from discrimination in hiring, firing, pay, job assignments, promotions, compensation, job training, and other terms and conditions of employment. The ADEA makes it unlawful for an employer to fail or refuse to hire or to discharge any individual because of such individual's age; to limit, segregate, or classify employees in any way that would deprive them of employment opportunities because of age; to reduce wages based on age; or to otherwise adversely affect status because of age.

The Equal Employment Opportunity Commission (EEOC) enforces the ADEA. An individual must file an ADEA charge with the EEOC within 180 days of the discriminatory act in non-deferral states, or within 300 days in deferral states like Massachusetts. The EEOC investigates charges and may pursue enforcement action. Private individuals also have the right to sue directly in federal court. Remedies under the ADEA include back pay, front pay, liquidated damages (an amount equal to back pay), and attorney fees and costs. Punitive damages are not available under the ADEA.

The ADEA also protects workers in apprenticeship programs and covers labor unions with 25 or more members. However, the ADEA contains important exceptions for bona fide occupational qualifications (BFOQs), reasonable factors other than age (RFOA), and certain benefit plans.

Massachusetts General Laws chapter 149, section 24L provides state-level age discrimination protection and is significantly stronger than the federal ADEA in several key ways. First, the state law covers employers with 6 or more employees, compared to the ADEA's 20-employee threshold, meaning many more small and mid-size employers are subject to state law liability. Second, Massachusetts provides a 300-day filing deadline with the Massachusetts Commission Against Discrimination (MCAD), which runs concurrently with the federal EEOC deadline, giving workers more time than the federal 180-day deadline in non-deferral states.

Massachusetts law prohibits age discrimination against employees of any age, while the ADEA only protects workers 40 and older. This means younger workers in Massachusetts may have state law protections unavailable federally. The statute covers all aspects of employment including hiring, promotion, compensation, termination, and working conditions. Employers cannot use age as a basis for any adverse employment action.

Under Massachusetts law, damages are broader and more generous than the ADEA. Workers can recover back pay, front pay, emotional distress damages, and punitive damages up to treble (three times) the actual damages. Attorney fees and costs are also recoverable. These enhanced remedies make Massachusetts claims more valuable than federal ADEA claims. The MCAD investigates complaints and may issue right-to-sue letters allowing private litigation. Additionally, Massachusetts recognizes pattern and practice discrimination claims and class action potential more readily than some federal courts.

Employers with 6-19 employees are covered only by Massachusetts law, not the ADEA. Employers with 20+ employees are covered by both state and federal law, and workers can choose to pursue either or both remedies. Massachusetts law applies to all employers with 6+ employees conducting business in the state, regardless of where they are incorporated.

Massachusetts age discrimination law contains several important exceptions. First, a bona fide occupational qualification (BFOQ) exception permits age-based decisions if age is reasonably necessary to the normal operation of the particular business. This is narrowly construed and applies rarely, such as for safety-sensitive positions requiring specific physical capabilities. Employers bear the heavy burden of proving a BFOQ exists.

Second, the reasonable factors other than age (RFOA) defense allows employers to defend otherwise age-neutral employment decisions that happen to have a disparate impact on older workers. However, Massachusetts courts construe this narrowly and require employers to show the decision was based on legitimate, non-discriminatory factors applied consistently. Subjective criteria like "fit" or "cultural alignment" have been rejected as sufficient RFOA in Massachusetts litigation.

Third, seniority systems and employee benefit plans are protected under both state and federal law. Reductions-in-force based on legitimate seniority or pay structures are generally permissible. However, the plan must be truly seniority-based and not a pretext for age discrimination.

Fourth, the at-will employment doctrine continues to apply. Employers may still terminate employees at-will for lawful reasons unrelated to age. However, an unlawful discriminatory reason cannot be the actual motivation, even if a lawful reason also exists. Courts will look to pretext and circumstantial evidence of discrimination.

Fifth, employees alleging discrimination must have been qualified for the position. If an employee cannot meet legitimate job qualifications, age discrimination may not apply.

Sixth, Massachusetts law does not prevent employers from favoring older workers over younger workers in most circumstances, though reverse age discrimination is theoretically possible under narrow circumstances.

Step 1: Document Everything. Begin immediately documenting all evidence of age discrimination. Keep copies of job postings showing age-related language ("digital native," "energetic," "recent graduate"), performance reviews with age-related comments, emails or messages containing age-biased statements, compensation data showing older workers paid less for similar roles, and any communications suggesting age was a factor in adverse decisions. Also document your qualifications, positive performance reviews, and timeline of events. Save copies outside your work email account (personal email, cloud storage, USB drive) to preserve them if you lose access.

Step 2: File an Internal Complaint (if feasible). Before filing with the MCAD, consider whether your employer has an internal complaint procedure outlined in the employee handbook. Document that you raised the issue internally, in writing if possible, and keep copies of your complaint and any responses. This demonstrates you gave the employer an opportunity to address the issue and strengthens your eventual complaint. However, do not delay if internal remedies appear futile or if management is complicit.

Step 3: File with the Massachusetts Commission Against Discrimination (MCAD). You have 300 days from the discriminatory act to file. Visit the MCAD website at www.mass.gov/mcad or call 617-994-6000 (Boston) or 413-739-2145 (Springfield). File either online through their portal or submit a written complaint form. Provide: your name and contact information, employer name and address, description of the discriminatory conduct with dates, names of witnesses, your age, the adverse action taken (termination, demotion, etc.), and how age was a factor. Include a statement that you believe the employer violated Massachusetts General Laws chapter 149, section 24L. You can file simultaneously with the EEOC at www.eeoc.gov or through any EEOC field office (Boston office: 617-565-3200), which will toll the federal deadline as well.

Step 4: MCAD Investigation Process. After filing, the MCAD will acknowledge receipt and assign an investigator. Expect the investigation to take 6-12 months. The investigator will request documents from your employer, interview you and potential witnesses, and examine payroll records, communications, and personnel files. You will likely be asked to provide a detailed statement and additional documentation. The employer will respond to your allegations. You may receive requests for additional information. Do not sign any settlement agreements without legal review. The investigation may result in a finding of probable cause (credible evidence of discrimination) or no probable cause. If probable cause is found, the matter may proceed to conciliation or administrative hearing.

Step 5: Consult an Employment Law Attorney. Consult an attorney before signing any settlement agreement or if the MCAD investigation stalls. Contact a Massachusetts employment lawyer specializing in age discrimination. Organizations like the Massachusetts Bar Association (617-542-3602) and Legal Aid & Advocacy (617-243-4455) can provide referrals. If you cannot afford counsel, ask about contingency fee arrangements (attorney paid from settlement/judgment). An attorney can negotiate with your employer, represent you at MCAD hearings, file in court if necessary, and help maximize your recovery. Timing is critical—do not wait until the 300-day deadline approaches.