Insight

High Court Reinforces Discrimination Is About More Than Money

High Court Reinforces Discrimination Is About More Than Money

Brian J. MacDonough

Brian J. MacDonough

March 15, 2019 04:59 PM

By Brian J. MacDonough and David I. Brody on March 11, 2019

Discrimination in the workplace can take many forms and present itself in countless ways. Many people mistakenly believe that discrimination is not actionable until the discrimination has had a financial impact. A recent Supreme Judicial Court decision clarified that this is not true under Massachusetts’ anti-discrimination statute, Chapter 151B. In the recent case of Yee v. Massachusetts State Police, the Court considered what constitutes an “adverse employment action” and reinforced that discrimination claims are about more than just money.

THE LAW

Chapter 151B makes it unlawful for any employer, on the basis of “race, color, religious creed, national origin, sex, gender identity, sexual orientation…genetic information, ancestry or status as a veteran,” to discriminate “in compensation or in terms, conditions or privileges of employment…”

THE CASE

In Yee, the Court addresses whether the denial of Officer Yee’s request for a lateral transfer to a specific unit – one generally considered a preferred unit/position – could be unlawfully discriminatory. A Superior Court judge had granted the Massachusetts State Police’s motion for summary judgement, concluding the plaintiff had not met this burden of showing that the denial of his request for a lateral transfer was an ‘adverse employment action’. The Supreme Judicial Court reversed and remanded the earlier decision, stating that because “there are material differences between [the] two positions in the opportunity to earn compensation, or in the terms, conditions, or privileges of employment, the failure to grant a lateral transfer to the preferred position may constitute an adverse employment action under c. 151B.”

THE COURT’S RULING AND IMPACT

The Court’s discussion regarding “terms, conditions or privileges of employment…” is important. In its ruling, the Court, for the first time, elaborated on what each of those words mean.

For example:

  • “Terms of employment” includes “personnel policies…or contractual provisions that may be either explicit or implied.”
  • “‘Conditions of employment’ may … encompass the general environment, atmosphere, or quality of the workplace.”
  • “A ‘privilege of employment’ is an unmandated benefit that, ‘though not a contractual right of employment,’ is nonetheless customarily provided by an employer…[and] may not be doled out in a discriminatory fashion.”

Additionally, whether a particular employment action is “adverse” requires a case-by-case analysis, viewed from the perspective of a reasonable person in the employee’s position. The Court offered the example that a “transfer from an evening to a day shift may be an adverse employment action to one employee, but be welcomed by another.” The ruling enforces that, because these cases involve genuine issues of material fact, their merits should be evaluated by a jury at trial, and not prematurely disposed of by a judge.

The bottom line is that discrimination is about more than money. Whether or not a particular employment action violates Chapter 151B is a fact-intensive inquiry that requires careful, case-specific examination. Additionally, the time within which to pursue claims can be very short. Retaining counsel sooner rather than later can help you protect and preserve your rights.

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipemtn

Beyond the Billables


by Michele M. Jochner

In a recently conducted, comprehensive study, data reveals a plethora of hidden realities that parents working full-time in the legal industry face every day.

Women in business attire pushing stroller takes a phone call