Small Employers - Become Compliant with MCAD Requirements Now

Just because you are a small company and you treat your employees well, does not mean that regulations meant to protect employees at larger, more diverse companies do not apply to you.  In fact, smaller employers are at a greater risk of inadvertantly failing to comply with administrative and other requirements causing such failures to be used against them if and when they are forced to defend against allegations of workplace wrongdoing.

If you are in Massachusetts, Chapter 151B of the Mass. General Laws defines employers as any entity employing 6 or more individuals. (Remember, calling a worker a consultant does not necessarily mean they are not employees for purposes of Chapter 151B!)  If that means you, you should be both familiar and compliant with all of 151B's requirements.  Most importantly, 151B broadly prohibits employment based discrimination based upon race, color, religious creed, national origin, sex, sexual orientation, genetic information, military service, age, ancestry or disability.  It also requires employers to promote a workplace free of sexual harassment, by adopting a policy against sexual harassment which must include specific criteria and distributing that policy annually to all continuing employees and to new employees at the beginning of employment.  In addition, 151B includes specific posting reuirements related to filing a complaint under 151B and related to employee rights under the Massachusetts Maternity Leave Act (the MMLA), a sub-section of 151B, providing employees with 8-weeks of unpaid leave upon the birth or adoption of a child.  If you operate outside of Massachusetts, similar state laws likely require similar action.  If any of this is news to you, don't panic.  Complying is simple and easy.  Contact me or any employment attorney for sample policies and for help drafting and administering an appropriate policy for you.  All the posting requirements can be found online at mass.gov, as can a sample (but not necessarily ideal) sexual harassment policy.  Putting compliance off can be a big mistake - especially when compliance before a problem arises is so easy!