It is illegal for an employer to discriminate against an employee based upon his or her age. Both Massachusetts and Federal Law prohibit this type of discrimination. For the most part, age discrimination applies to individuals who are over forty (40) years old.Under Massachusetts Law, it shall be unlawful for an employer or its agent, in the private sector, “because of the age of any individual, to refuse to hire or employ or to bar or discharge from employment such individual, or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification.” G.L. c. 151B § 4(1B). The same applies to public employers “unless pursuant to any other general or special law.” G.L. c. 151B § 4 (1C).


There are a variety of ways that an employer can discriminate against an employee on the basis of age. Some examples include:

• Refusal to hire
• Termination
• Benefits
• Reassignment

Unfortunately, this type of discrimination is not uncommon. The fact that an individual is over forty (40) should not keep him or her from having gainful employment. There are a number of damages that an employee can seek from an employer for committing age discrimination; however, due to the statute of limitations, time is of the essence.

If you have been subjected to Age Discrimination, make sure you get the representation you deserve by contacting The Law Office of Barry J. Bisson today.