Legal Question in Employment Law in Massachusetts
My husband and I work for the same boss but in different capacities. I'm an "independent contractor" (in writing only but that's another story) and he works for an actual employer on her behalf. She controls both of our hours and pay rates. I told my boss at the end of last week that I'm pregnant and will be leaving at the end of the summer. Today, my husband finds out that she has decreased his hours effective immediately. I know it's illegal to discriminate against the pregnant woman but can this apply to the man as well? He will be our sole breadwinner after I leave and I think it's horrible that she's doing this, especially right after I just broke the news to her. Illegal or not? Do we have any recourse?
2 Answers from Attorneys
Quite possibly illegal. Just as your misclassification by them is also illegal. You should contact an attorney for assistance in negotiating a settlement if you think your husband wouldn't mind leaving work there as it may become painfully uncomfortable after the fact. We would be glad to assist if you were so inclined.
Alternatively, you should contact the MCAD for assistance in reporting this potentially discriminatory, and obviously retaliatory behavior.
Your husband cannot be discriminated because of your being pregnant. Also, despite being classified as an independent contractor, you are likely an employee for purposes of Mass. Law and are protected by the anti-discrimination and wage laws. You should consult with an employment counsel.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
