What are equity and civil rights impact reviews?

These are assessments conducted proactively to identify potential discriminatory impacts or barriers to equal opportunity resulting from existing or proposed policies, practices, or decisions. They aim to ensure fairness across different groups, particularly those protected under civil rights laws.

When are such reviews required in Massachusetts?

They are explicitly mandated in certain contexts, such as ensuring equal educational opportunity in public schools under regulations like 603 CMR 26.00. They may also be required in specific state procurement processes or funding programs. While not generally mandated by statute for private employers, conducting such reviews is often encouraged as a best practice for promoting diversity, equity, and inclusion and mitigating legal risks.

How do equity reviews relate to civil rights?

Equity reviews are a tool to help organizations comply with anti-discrimination laws (like M.G.L. c. 151B) by identifying and addressing policies or practices that, even if neutral on their face, may have a disproportionately negative impact (disparate impact) on protected groups. They support proactive compliance and the goal of fair treatment.

Can private companies use equity and civil rights reviews?

Yes. Many private organizations voluntarily implement equity audits or reviews to assess fairness in areas like hiring, pay equity, promotions, access to services, and product development. These reviews can help reduce legal liability, improve workplace culture, enhance brand reputation, and align operations with stated values.

Boston Equity & Civil Rights Attorneys

Equity & Civil Rights Reviews

We help employers identify discrimination risk before it becomes litigation.

$505M

The EEOC reports that in 2018 alone, employers paid over $505 million to settle discrimination lawsuits. 1

$130M

The Department of Justice reports that in FY 2021, they secured over $130 million in settlements for ADA violations.

$160K

The average cost for businesses to defend and settle employment charges is about $160,000.

$486M

In 2019, the U.S. Equal Employment Opportunity Commission (EEOC) secured $486 million for victims of discrimination in private, federal, state, and local government workplaces.

The Equal Pay Act is a U.S. federal law that prohibits wage discrimination on the basis of sex, requiring that men and women be given equal pay for equal work in the same establishment.

Employment discrimination claims under Title VII, Chapter 151B, and the Massachusetts Equal Pay Act expose companies to substantial liability, regulatory scrutiny, and reputational harm. Proactive compliance review identifies risk before it becomes litigation.

Overview

This practice conducts independent audits of workplace policies, pay practices, and complaint-handling procedures. The goal is straightforward: identify exposure, remediate gaps, and document compliance efforts that serve as evidence of good faith if claims arise.

The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.

Compliance Benefits

Independent review creates three advantages. First, it identifies disparities in compensation, promotion, and discipline before plaintiffs’ counsel does. Second, it establishes a documented record of proactive compliance, which can reduce damages and support affirmative defenses. Third, it positions the organization to respond to EEOC charges, MCAD complaints, and shareholder inquiries from a position of preparation rather than reaction.

The Family and Medical Leave Act (FMLA) is a U.S. labor law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, with the continuation of group health insurance coverage.

Lawyers' Role

This practice advises boards, executives, and general counsel on employment compliance strategy, conducts privileged pay equity analyses, and represents organizations in EEOC and MCAD proceedings. When litigation is unavoidable, the same team that conducted the compliance review understands the organization’s practices and can mount an effective defense.

How We Can Help

Compliance Audits

Audit workplace policies and practices to identify discrimination risk and ensure legal compliance.

Policy Development and Risk Management

Develop and refine workplace policies addressing discrimination, harassment, and retaliation.

Workplace Training

Deliver tailored anti-discrimination and harassment training for employees and management.

Accessibility Compliance and Inclusivity Initiatives

Advise on ADA-compliant practices including physical accommodations, website accessibility, and assistive technology.

Equal Pay Audits

Analyze pay practices to identify disparities and promote pay equity and transparency.

Internal Investigations

Conduct independent investigations into allegations of discrimination, harassment, or retaliation.

Diversity, Equity, and Inclusion (DEI) Program Development

Design and implement DEI initiatives aligned with legal standards and measurable goals.

Strategic Advising

Counsel senior management on pay equity, workplace diversity, and evolving compliance requirements.

Litigation Support

Represent individuals and groups pursuing discrimination and retaliation claims.

Crisis Management and Legal Response

Provide immediate support to organizations facing lawsuits, investigations, or public scrutiny over civil rights issues.

ESG and Civil Rights Integration

Align ESG goals with civil rights compliance, including pay equity, anti-discrimination, and accessibility initiatives.

Accessibility in Public Accommodations

Improve accessibility in physical spaces and services for individuals with disabilities.

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