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