Legal Question in Employment Law in Massachusetts

Is it legal to ask employees about their religion?


Asked on 10/08/09, 1:03 pm

1 Answer from Attorneys

Sue-Ellen Kresh Law Office of Sue-Ellen Kresh

Hi,

The short answer is that it is illegal in Massachusets for employers to ask any questions relating to an employee or prospective employee's membership in a protected class, which includes religion, national origin, age, sex, disability, etc.. The exception is that they are permitted to inquire in areas where they are able to demonstrate connection to a "bona fide occupational qualification", basically an essential job requirement, which is difficult to prove in categories under which the law exists to protect against discrimination.

I hope this helps. Good luck with your situation.

SIncerely,

Sue-Ellen Kresh

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Answered on 10/13/09, 6:02 pm


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